Public Guardian/Public Conservator/Public Administrator

Public Guardian/Public Conservator/Public Administrator Who We are Our office is dedicated to providing compassionate care, supervision, and financial management for Merced County residents who are severely disabled and unable to manage their own affairs or make informed decisions. Many of the individuals we serve live with mental illness or cognitive impairments and may not have family or other support systems to assist them. What is a Conservatorship? A conservatorship is a legal arrangement in which a court appoints an adult to manage the personal care and/or financial affairs of another adult who is unable to do so independently. In California, an incapacitated adult is called the conservatee, and the person appointed to manage their personal or financial affairs is the conservator. A conservatorship can only be created, supervised, or ended by the California Superior Court. Conservatorships are used only when no appropriate person or legal arrangement, such as a Power of Attorney or a Trustee is available to support an individual who can no longer make decisions independently or who requires involuntary mental health treatment. Because it grants significant authority to someone else, a conservatorship is considered an extreme remedy and should be used only as a last resort. In Merced County, the Public Guardian–Conservator oversees both Probate and Lanterman-Petris-Short (LPS) conservatorships for residents who have been determined by the Superior Court to lack the capacity to manage their own finances or health care, or who are deemed gravely disabled due to mental illness and/or substance abuse. Programs Public Guardian The Office of the Public Guardian, appointed by the Superior Court of California, Merced, serves as the Probate Conservator for individuals who meet the legal criteria for conservatorship and have no other viable alternatives. A probate conservatorship is a court-ordered arrangement that appoints a trusted person or organization to assist an adult who cannot manage personal or financial affairs on their own. This may be due to physical or cognitive impairment, age, illness, or the person is at significant risk of abuse, neglect, or undue influence. There are two types of conservators: - A Conservator of the Person cares for and protects an individual when the court determines the conservatee cannot do so independently. - A Conservator of the Estate manages the conservatee's financial matters, such as paying bills and collecting income, when the court finds they are unable to handle these responsibilities. A conservator may be appointed for the person, the estate, or both. Once a Probate Conservatorship is established, it remains in effect unless and until the conservatee demonstrates to the court that the conservatorship is no longer necessary. Courts consider conservatorship a last resort and will only establish one when it is necessary to protect an individual's health, safety, or financial well-being. You may call our office at 209-381-6840 if you would like to make a referral or discuss whether a particular case would be appropriate for the Public Guardian to investigate prior to making a referral. Public Conservator (Lanterman Petris-Short) The Superior Court appoints the Public Conservator to support adults who are unable to meet their basic needs or accept voluntary treatment due to serious mental illness or severe substance use disorder, when no other viable options exist. Under Senate Bill 43, the definition of "gravely disabled" is expanded to include individuals whose mental illness and/or substance use disorder prevent them from providing for their food, clothing, shelter, medical care, or personal safety. To qualify, the referred person must meet this narrow definition of grave disability, and the court must determine that they are unable or unwilling to accept voluntary treatment. Before a conservatorship can be considered, less restrictive options, such as CARE Court must first be reviewed and exhausted, ensuring that a conservatorship is pursued only when no other appropriate alternatives remain. Lanterman Petris Short conservatorships must be renewed on an annual basis. The LPS Conservatorship process begins when someone is referred from an institution, such as a hospital or a detention facility. The criminal court may also order an evaluation for Conservatorship. If the patient meets criteria, a psychologist or psychiatrist from a designated facility will send a referral to the Public Conservator. Public Administrator The Public Administrator oversees the estates of Merced County residents who pass away without a will or without any known relatives able or willing to manage their affairs. Through the probate process, the Public Administrator ensures the estate is properly managed and distributed according to the law, handling all necessary arrangements until the estate is fully resolved. Services Provided: - Thorough searches for next of kin - Arrangement for the final disposition of the decedent - Identify and protect assets - Notify creditors and pay debts if the estate is solvent - Pay the expenses of administration - Prepare accountings of all assets, debts, payments, obligations, and any other relevant facts to the Superior Court, as required under the Probate Code - Distribute the balance of the estate to the decedent's heirs and beneficiaries To make a Public Administrator referral, please call (209) 381-6840. Representative Payee The Office of the Public Guardian serves as the Representative Payee, appointed by the Social Security Administration, to assist individuals who need help managing their financial affairs. Without this support, many would face difficulties maintaining housing and meeting basic needs. Our Representative Payee program supports individuals who need help managing their Social Security or SSI benefits, including those who are under conservatorship and those who are not. Eligibility is based solely on a person's need for support in handling their benefit payments. Referrals can be made by the Social Security Administration or through self-referral. To make a referral or for more information, please call (209) 381-6840. Office of the Public Conservator Hours of Operation: Monday – Friday 8:00 a.m. – 5:00 p.m. Location: 301 East 13th Street, Merced, CA 95341, P.O. Box 3046, Merced, CA 95341 Phone: (209) 381-6840 Fax: (209) 724-4027