RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE RE-APPROPRIATION OF $250,000 IN EXISTING COUNTY GENERAL FUND WITHIN THE AGING AND ADULT SERVICE’S ADOPTED FY 2007-08 BUDGET TO INCREASE THE PUBLIC GUARDIAN SPECIAL NEEDS FUND FROM $50,000 TO $300,000

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, the Aging and Adult Services Division provides a Public Guardian/Conservatorship Program, which serves frail elderly, physically disabled and mentally disabled residents who are substantially unable to provide for their own personal needs of health, food, clothing or shelter and/or are unable to manage financial resources or resist fraud or undue influence; and

WHEREAS, the Public Guardian, acting under the authority and direction of the Superior Court, may be appointed conservator for the person, for the estate, or for both; and

WHEREAS, the general duties of a Conservator of the Person include arranging for the person’s care and protection, deciding where a person will live, and making arrangements for health care, meals, clothing, personal care, and transportation. The general duties of a Conservator of the Estate include managing the person’s finances, marshalling and protecting assets, collecting all income due to the person, paying all just debts, making investments as appropriate, and representing or arranging representation in all legal matters; and

WHEREAS, the Public Guardian Program manages an average of 775 cases annually, many of which have limited assets but may own real property, stocks, or other items of value; and

WHEREAS, there are often situations where the Public Guardian Program must arrange for the care of a conservatee before being able to liquidate the conservatee’s assets; and

WHEREAS, this is especially true today due to the changes in the housing market. A year ago, the Public Guardian Program was able to market a house with multiple offers and overbids within two months. These same houses are now taking at least six months to obtain even one bid, leaving the Public Guardian Program without liquid assets to pay for the care of the conservatee and to provide a quality of life in the least restrictive setting possible; and

WHEREAS, in 1992, your Board, by Resolution No. 56074, established a revolving Special Needs Fund in the amount of $50,000 for the Public Guardian Program to allow for temporary payment of expenses such as attendant care, mortgages, and utility bills until a conservatee’s real property can be liquidated and the Public Guardian is reimbursed out of the proceeds; and

WHEREAS, due to inflation, cost of living increases, and other market conditions, the Public Guardian is requesting that your Board approve a re-appropriation of $250,000 in existing County General Fund within the Aging and Adult Services Adopted FY 2007-08 budget to increase the Special Needs Fund by $250,000 to enable the Public Guardian to continue to meet the immediate needs of clients; and

WHEREAS, this Board has examined the recommendation and has approved it as to both form and content:

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the President of this Board of Supervisors be and is hereby authorized and directed to authorize a re-appropriation of $250,000 in existing County General Fund within the Aging and Adult Services Adopted FY 2007-08 budget to increase the Public Guardian Special Needs Fund from $50,000 to $300,000 for and on behalf of the County of San Mateo, and the Clerk of this Board shall attest the President’s signature thereto.

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