Public Guardian: Frequently Asked Questions
What is a conservatorship?
Who is a conservator?
Who may act as conservator?
What is the function of the Public Guardian's Office?
What types of conservatorships are available?
What is an LPS conservatorship?
What does LPS stand for?
What authority does an LPS conservator have?
What is a probate conservatorship?
What are alternatives to LPS and probate conservatorships?
Are guardianships and conservatorships the same?
Does the public guardian charge a fee?
What is a conservatorship?
A conservatorship is a Court proceeding that appoints a manager
to be legally responsible for the personal and/or financial needs
of an individual who is declared to lack the capacity to properly
provide for those needs alone. A conservator is answerable to the
Superior Court for the manner in which he or she administers the
conservatorship.
Who is a conservator?
A conservator is a court-appointed manager for the financial and/or
personal care needs of an individual who is either physically or
mentally incapable of meeting these needs independently. The conservator
is answerable to the Superior Court for the manner in which the
conservatorship is administered.
Who may act as
conservator?
The selection of the conservator is solely in the hands of the
Court, which is guided by what appears to be in the best interests
of the proposed conservatee, subject to statutory preference. This
may be a relative, friend, any other person or entity, public or
private, including the Office of the Public Guardian.
What is the
function of the public guardian's office?
The function of the Public Guardian is to act as conservator when
no other potential conservators or alternatives to conservatorship
can be found. The Public Guardian is a legally mandated function
exercised according to provisions contained in the Probate Codes
and Welfare & Institutions Codes of the State of California.
What types of
conservatorships are available?
In California there are two types of conservatorships available;
1) LPS Conservatorship
2) Probate Conservatorship.
What does LPS stand for?
It is the first letter of the names of three State legislators
- Lanterman, Petris and Short - who penned major mental health legislation
in the late 1960's. .
What is an LPS conservatorship?
An LPS conservatorship may be needed in cases where an individual,
as a result of a mental disorder, is "gravely
disabled;" that is, unable to provide for his/her basic needs
of food, clothing, or shelter. Although a family member or interested
party may act as a private LPS conservator prospective LPS cases
for the Public Guardian may be referred only by Santa Barbara County
Mental Health.
What authority does an LPS
conservator have?
A conservator has authority to make all personal decisions for
the conservatee. Aside from this, An LPS conservator has the authority
to medicate and/or place a conservatee involuntarily into a state
hospital or psychiatric treatment facility.
What is a probate conservatorship?
A probate Conservatorship may be needed in cases where individuals
lack the "capacity" to make decisions for food, clothing,
shelter or healthcare. The discovery of need is typically made by
someone close to the person, such as a family member, physician,
neighbor, friend, or a hospital or other institutional staff member.
The possible need for conservatorship is usually determined from
observed behavioral changes, such as decline in mental and/or physical
condition affecting the ability to accomplish normal day-to-day
tasks. Any interested party can submit a referral to the Public
Guardian for investigation of possible Probate conservatorship.
What are alternatives to LPS
and probate conservatorships?
In the vast majority of cases, a person's needs may be met without
the necessity of a conservatorship. Practical alternatives include
Representative Payee for Benefits, a Power of Attorney, or the involvement
of a relative, friend or any other interested party or organization
who is willing to help with management of assets and personal care.
The Public Guardian is generally used as a last resort. When there
are no alternatives to conservatorship available the Probate Codes
list these preferences to be followed by the Court in selecting
a conservator:
- the nominee of the proposed conservatee,
- the spouse,
- the nominee of the spouse,
- an adult child,
- the nominee of an adult child,
- a parent,
- the nominee of a parent,
- a brother or sister,
- the nominee of a brother or sister,
- any qualified person or entity, or
- the Public Guardian.
In cases where a relative, friend or other person or entity is
willing and qualified to act as a conservator, that person or a
representative of the entity is advised to contact an attorney for
information and assistance in petitioning the Court for appointment
as a conservator.
Are guardianships
and conservatorships the same?
No. Conservatorships apply to adults while guardianships are strictly
for minors (under the age of 18).
Does the public guardian charge
a fee?
The law allows the Public Guardian to take nominal fees every two
years, based on the client's ability to pay.
|
