Frequently Asked Questions about the Sonoma County Public Guardian Office
Q: Who does the Public Guardian serve?
Pursuant to California statutes, the Sonoma County Public Guardian’s Office establishes conservatorships to protect vulnerable people, primarily seniors, who can no longer take care of themselves and have nobody else to do so. The Public Guardian’s mandate is to prudently ensure the safety, dignity, and respect of every person being served.
Q: Why is there a Public Guardian’s office? Why does the County get involved?
The Public Guardian operates under the authority and direction of the California Superior Court to provide conservatorship of a person and/or estate of an individual who is unable to make decisions in their own best interest or who are unable to resist undue influence, when there is no family member or responsible party who is willing or able to act as conservator. The Public Guardian’s office is a safety net for individuals who have nowhere else to turn.
In some cases there may be an individual who is willing to act as conservator whom the Court determines is not managing the person’s assets in the best interest of the conservatee or when a family’s conflict makes it impossible for any one family member to serve as a conservator. In these difficult cases, the Probate judge may appoint the Public Guardian instead of a family member or other private conservator. These highly contentious, and usually litigious, cases are some of the most difficult and time-consuming cases the Public Guardian is required to administer.
Q: What oversight is there for the Public Guardian Office?
The PG does not act alone. The PG works closely with County Counsel and operates under the authority and direction of the Superior Court, following Probate Code Section 2900. The conservatee is represented by a court appointed attorney. California Probate Code very clearly defines the role of the PG and governs the authority that the PG is granted.
Q: What happens to the money and property when a person becomes a PG conservatee?
A conservatee’s money is kept in an account used exclusively for their care needs and living expenses. When the conservatee dies, the funds are distributed through the probate process to their heirs. If a conservatee has property, it is inventoried and a determination is made on a case-by-case basis as to the disposition of the property in consultation with the conservatee and his or her family. All expenses are monitored and approved by the Probate Court through annual mandated accountings.
Q: How does a person become a Public Guardian Conservatee?
- They are referred, usually by a hospital, Adult Protective Services, a physician, the probate court, or another interested agency or party. (Note: only about 50% of those referred become Public Guardian conservatees; other support services, including family or friends are often found to ensure the person is safe and cared for without necessitating a conservatorship).
- The Public Guardian’s office conducts an investigation. A key requirement of the conservatorship is a medical declaration by the person’s physician or psychiatrist that the potential conservatee “lacks capacity” to take care of their estate, their person, or both.
- The completed investigation is reviewed by County Counsel and submitted to the Probate Court.
- The Probate Court then conducts an independent investigation.
- The court investigator makes a recommendation to the court.
- The proposed conservatee receives written notice of the pending conservatorship.
- The proposed conservatee is given a court appointed attorney to represent them. This ensures reasonable oversight. A court appointed attorney is available to the proposed conservatee not only for this hearing, but as long as they are conserved as well.
- The conservatorship hearing takes place in open court.The proposed conservatee is encouraged to attend and to speak. Friends and relatives may also attend.
- The Probate Court Judge makes a ruling.
- If the Judge rules in favor of conservatorship, they may authorize either conservatorship of the estate or of the person, or both. If the Public Guardian is authorized to act only as conservator of the estate, they are responsible for managing the finances of the person but are not authorized to make medical decisions for the person. If the PG is granted only conservatorship of the person, they are authorized to make medical decisions on the person’s behalf but not financial decisions.
- The Court may order a temporary conservatorship to see if the situation can be stabilized without permanent conservatorship.
- If the Court orders a permanent conservatorship, the conservatorship is reviewed by the Probate Court annually.
Q: What is the difference between conservatorship of the estate and conservatorship of the person?
A conservator of the estate may only make decisions regarding the financial matters of the conservatee depending on the authority granted by the Court. The conservatee retains the right to make their own medical decisions. Any powers of attorney for health care that are in place remain valid unless the Court decides differently.
A conservator of the person may make medical or placement decisions on the person’s behalf, depending on the authority granted by the Court. A conservator may be appointed to conserve both the person and their estate.
Q: Why does the PG make the kinds of decisions on behalf of their clients that they do?
The Public Guardian’s primary concern is to protect the safety and welfare of their client, not their client’s heirs. If a conservatee comes to the Public Guardian with a particular lifestyle or level of service, the PG will not reduce that without court authorization and evidence, such as Court-approved accountings, that the reduction in circumstance or services is financially necessary. Public Guardian is required to manage their clients’ assets in a prudent manner.
Placement (living situations such as nursing homes) decisions are made based on the person’s specific need for services, their ability to pay, and available vacancy in a facility.
Q: How many people are conserved by the Sonoma County Public Guardian’s office?
There are currently 51 public guardian conservatees.
Q: How many people does the Sonoma County Public Guardian have on staff?
There is a total of 7 staff for the Public Guardian, Public Conservator and Public Administrator office. This includes the Chief Deputy, 4 deputies, 1 account clerk and 1 senior office assistant.
Q: Who is qualified to be a Public Guardian?
A deputy public guardian must meet the minimum qualifications established by Human Resources including past experience working with older and dependent adults regarding their financial and psycho-social issues. All employees have a thorough background check before they are hired. Deputies must be certified by the Public Guardian Association of California. They are required to have continuing education in order to maintain their certification.
Q: How much is the budget for the Public Guardian Office?
The budget for the office includes the Public Guardian, Public Conservator and Public Administrator. The total FY 09-10 budget is $735,551.
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