SECTIONS 27440-27444
GOVERNMENT CODE
SECTION 27440-27444
SECTION 27440-27444
27440. If the public administrator fails to qualify or fails toperform in person the duties of his office, the coroner shall be exofficio public administrator. If both the public administrator andthe coroner fail to qualify or to perform the duties of the office,the board of supervisors shall appoint a suitable person as publicadministrator. All laws applicable to the qualification, powers,duties, and compensation of the public administrator shall apply tothe coroner or appointee of the board.27441. The public administrator shall charge and collect such feesas are allowed by law.27442. If the public administrator is salaried and all fees andcharges allowed him are paid or turned over to the county, then allfees and charges incurred by him for the benefit of any estate inwhich the assets prove insufficient therefor are county charges.27443. Every person holding the office of public administrator,public guardian, or public conservator and any deputy or agent ofsuch officer is guilty of a crime who: (a) Purchases, directly or indirectly, the property of any estateor a claim against any estate administered by any publicadminstrator, public guardian, or public conservator in his officialcapacity, or (b) Acts upon any transaction or expenditure in connection withthe administration of an estate by the public administrator, publicguardian, or public conservator in his official capacity, when he hasa financial interest in such transaction or expenditure, or, havingknowledge of such interest, is associated in business with anyone whohas such an interest. Subdivisions (a) and (b) shall not be applicable to any actspecifically authorized by court order. Any violation of this section is punishable by a fine notexceeding one thousand dollars ($1,000), or by imprisonment in thecounty jail not exceeding one year, or by both such fine andimprisonment, or by imprisonment in the state prison. Upon convictionof this section a person forfeits his office. This section is notintended to preclude prosecution under any other provisions of thecriminal law which are otherwise applicable.27443.5. Employees in the office of public administrator, publicguardian, or public conservator shall be subject to the provisions ofSection 27443; provided that, the restrictions of Section 27443shall apply only with respect to the administration of estates bytheir employing officer.27444. The authority of the public administrator ceases upontermination of his or her tenure in the office of publicadministrator, and his or her authority vests in the successor in theoffice of public administrator. If letters have been issued to "thepublic administrator" of the county, the letters are sufficient toauthorize action by the successor and new letters need not be issued.