Public Guardian/Conservator
In Siskiyou County, the Public Guardian/Conservator is appointed by the Board of Supervisors, who thereafter appoints Deputy Public Guardians to carry out the assigned duties of the office. The Public Guardian and Deputies take oaths of office and are sworn in. Deputies must obtain certification through the State of California and maintain continuing education to uphold certification. The office of Public Guardian is held to a high legal and ethical standard. Deputies are sworn to protect, at all times and under all circumstances, the position of trust vested in their office.
The office of the Public Guardian is responsible for conducting formal investigations of conservatorship referrals from Adult Protective Services, Behavioral Health Division, and the Superior Court. If a referral meets legal criteria, the Public Guardian will petition the Superior Court for conservatorship. If appointed, the Public Guardian acts as conservator for those found by the Superior Court to be unable to properly care for themselves or their finances, or who cannot resist undue influence or fraud. Such persons usually suffer from severe mental illness or are older, frail, and vulnerable adults with dementia.
NOTE: In Siskiyou County, the Public Guardian accepts referrals from Adult Protective Services, Behavioral Health Division, or directly from the Superior Court. Public Guardian conservatorships are limited to those persons that have no family or friends willing or able to become the conservator. Since the mere act of conservatorship takes away a persons’ civil rights and liberties, the Public Guardian is a last resort for persons needing protection or care.
Primary Responsibilities of the Public Guardian When Appointed as Conservator
A conservatorship is a protective court proceeding. The Superior Court may appoint the Public Guardian as conservator of the “person”, conservator of the “estate” (finances/assets), or both conservator of person and estate. The links below offer a brief overview of the responsibilities of each.
Three Forms of Conservatorship
California law provides for three basic forms of conservatorship depending upon the conservatee's particular needs, Probate Conservatorship, Lanterman, Petris, & Short Act (L.P.S.) Conservatorship, and Limited Conservatorship.The links below offer a brief overview of the responsibilities of each.
Lanterman, Petris & Short Act (L.P.S.) Conservatorship
The Public Guardian is Unable to Assist the General Public with Conservatorships
The Public Guardian is prohibited from assisting the general public with petitioning for conservatorship of their family member. Conservatorships are complex legal matters and the Public Guardian cannot give legal advice. The California Judicial Council has a website the public can use to obtain information and/or assist them with conservatorships available here. This is a great self-help tool for those needing assistance with conservatorships. It is always advisable to seek the advice of a probate attorney in these matters.
