Brown v. Overshiner

SHENK, J. The petitioner, as public guardian of the county of Los Angeles, seeks through the office of the writs of mandate and prohibition to have determined the respective duties and obligations of the petitioner as public guardian, his predecessor in office the respondent Chas. L. Overshiner, [434]and the respondent superior court, upon the consolidation by the county board of supervisors of the offices of public guardian and public administrator.

Effective December 1, 1945, the board of supervisors by ordinance established the office of public guardian pursuant to section 5175 of the Welfare and Institutions Code. The respondent Chas. L. Overshiner was appointed to that office, whereupon he subscribed to the oath of office and furnished the required official bond. He entered upon the discharge of his duties and during his term of office obtained upwards of 750 appointments of himself as public guardian.

On May 15, 1951, the board of supervisors adopted ordinances designed to effect the consolidation of the offices of public administrator and public guardian pursuant to the Welfare and Institutions Code, and to establish the position of head deputy public guardian. On June 27, 1951, the petitioner, who was and is the duly appointed public administrator of Los Angeles County, took the oath as public guardian and furnished the required bond. On the same date the respondent Overshiner accepted appointment as head deputy public guardian and qualified by taking the oath of office.

Questions have arisen whether the public guardian acts in an official capacity so that his successor automatically succeeds to all of his powers and duties in pending guardianship matters; or whether the appointment as public guardian of a ward was of a personal nature requiring the appointee to continue his administration unless and until he is removed and a successor appointed in regular course by petition and order. As a consequence the respondent Overshiner has retained possession of the books and records of his office until the matter has been resolved by a final judicial declaration. The parties are uncertain as to their respective liabilities under their official bonds. Title companies have refused to insure the titles of real property to be sold in pending proceedings. Payments of benefits to wards by the Veterans Administration are withheld pending decision. Any possible remedy by appeal or by application to the superior court in the first instance was deemed inadequate because of the numerous pending guardianships and because the delay in administering estates while awaiting a final determination would in some cases impose hardships on the -v^ards. In two pending proceedings before the respondent court, that court announced its intention, unless restrained or otherwise directed by an