Santa Cruz County Public Guardian / Conservator

The Public Guardian-Conservator manages the property, finances, and personal care needs of county individuals who are substantially unable to provide for themselves. This is accomplished through conservatorships.
 

What is a Conservatorship?

Caregiver helping person in wheelchairWhen a family member, physician, friend or institutional staff is concerned about the well-being of an elderly or gravely disabled individual, they can contact the Public Guardian/Conservator for help determining if that individual is in need of and qualifies for a conservator. Individuals who may be eligible for conservatorship include elderly adults or adults who are gravely disabled due to a diagnosed mental disorder, and who are unable to provide for or manage their personal needs such as physical health, food, clothing, financial resources, or fraudulent influence from others (scams, identity theft, etc).
 
A conservatorship is a legal arrangement in which an adult (“conservator”) oversees the personal care and/or financial matters of another adult (“conservatee”) who is considered incapable of managing alone. A conservatorship is established when the Superior Court holds a hearing, and a judge appoints a conservator to manage the financial and/or personal care needs of an individual who is either physically or mentally unable to properly provide for these needs alone. A conservatorship is only appropriate when an individual has no suitable person and/or no legal arrangement, such as a Power of Attorney or Trustee, in place to act for the individual when they become incapacitated or require involuntary mental health treatment.
 
A conservatorship of the estate may be initiated for an individual who is substantially unable to manage financial resources or resist fraud or undue influence. The law states that "substantially unable" may not be based solely on isolated incidents of negligence. There must be a clear indication that limiting disabilities will continue in order to substantiate the need for a conservatorship. A non-conventional lifestyle does not, by itself, justify the need for a conservatorship.
 
If you are concerned about the well-being of an elderly or gravely disabled individual, you can contact the Public Guardian/Conservator for help:
(831)-454-4160
 
In California, there are two types of conservatorships. Click the links below to learn more about each type:
► LPS Conservatorship, also known as a Lanterman-Petris-Short Conservatorship
 

The establishment of a conservatorship has three basic effects:

► It shifts the responsibility of making financial and personal care decisions from the disabled individual (the conservatee) to the Court appointed conservator.
► It imposes significant limitations on the ability of the conservatee to take actions affecting finances or personal care.
► It provides a certain degree of protection for the conservatee's interests from fraud, misappropriation of funds or neglect.
 

The selection of a conservator is solely in the hands of the Court, which is guided in its selection process by what appears to be in the best interest of the proposed conservatee. This may be a relative, friend, interested third party, organization, or the Public Guardian. In cases where a relative, friend, third party, or organization is willing and qualified to act as a conservator, that person or representative of the organization is advised to contact an attorney for information and assistance in petitioning the Court for appointment as the conservator. At the time a petition is filed, the Superior Court Investigator (for Probate) or the Conservatorship Investigator (for LPS) advises the proposed conservatee of his/her rights, reviews the need for conservatorship, and makes a recommendation to the Court. If a relative, friend, or interested third party is willing to act as the conservator, the following steps are advised:

► Contact an attorney. (The Public Guardian cannot give legal advice or bring a petition for a conservatorship on behalf of a family member or friend.) The Santa Cruz County Bar Association provides a lawyer referral service that can assist in locating an attorney.
► Formulate a care plan that addresses the personal care needs of food, clothing, and shelter for the conservatee.
► Formulate a care plan for handling the conservatee's finances and protecting the assets.
 
If a conservatee is placed in a licensed facility and has concerns that they are not being cared for properly, they have the following options:
► Contact the Office of the Public Guardian.
► Contact their Court appointed attorney.
► Contact Ombudsman Advocate.
 
The Court is guided in the order of preference by the California Probate Code. Of those the Court finds equally capable, the order of preference is:

► The person chosen by the proposed conservatee, providing the proposed conservatee has the ability at the time that they choose a conservator to form an intelligent preference, unless the Court finds that the appointment of the person chosen is not in the best interest of the proposed conservatee.
► The spouse or person chosen by the spouse.
► An adult child or person chosen by the adult child.
► A parent or person chosen by the parent.
► A brother or sister or person chosen by the brother or sister.
► Any other eligible and appropriate person or entity.
► The Public Guardian. (The Public Guardian is considered the last resort.)
 
The Court provides for the appointment of the Public Guardian when no other qualified individual or entity is willing and able to act. The Public Guardian will act when he/she is assured through the conservatorship investigation process that:

► A need for a conservatorship does in fact exist and,
► All other resources including financial, in-home support services, private case management and family support have been exhausted.
 

Contact the Office of The Public Guardian

P.O. Box 1895
Santa Cruz, CA 95061
(831)-454-4160