Our Members Roles in Serving Californians
Public Administrators, Public Guardians and Public Conservators act under the authority granted by the California Superior Court. We have provided a brief outline of each role to better understand what our members do each day when serving California’s most vulnerable dependent adults and decedent estates.
The Public Administrator function handles the disposition of deceased estates. The Public Administrator serves the public by investigating and administering the estates of persons who die with no will or without an appropriate person willing or able to act as administrator. The Public Administrator’s primary duties are to protect the decedent’s property from waste, loss or theft; make appropriate burial arrangements; conduct thorough investigations to discover all assets; liquidate assets at public sale or distribute assets to heirs; pay the decedent’s bills and taxes; and locate persons entitled to inherit from the estate and ensure that these individuals receive their inheritance.
The Public Guardian function is carried out via Probate Conservatorships, which assist individuals who are substantially unable to provide for their own basic needs, (food, clothing, and shelter). Probate Conservatorships are primarily established for adults who cannot care for themselves or manage their own finances. This type of conservatorship is often used for older adults with severe limitations and for younger people who have serious cognitive impairments.
The Public Conservatorship function is performed via an LPS Conservatorship. This type of conservatorship is named for the three Assemblymen who sponsored the original bill – Lanterman, Petris and Short Act. LPS conservatorships are established to arrange mental health treatment and placement for people who are unable to provide for their food, clothing, shelter, and treatment needs, as a result of a mental disorder. LPS Conservatorship provides a legal framework for the delivery of services to individuals needing psychiatric treatment, but who are unwilling or unable to accept it.
County Program Structures
Each county in California has the discretion to organize its’ Public Administrator, Public Guardian and Public Conservator (PA, PG, PC) functions in whatever manner it wishes. The following are some examples of possible county organizational structures for the three functions.
- Public Guardian is organizationally part of a Social Service, Adult & Aging, or Senior Services Department
- Public Conservator is organizationally part of the Department of Mental Health
- Public Guardian is combined with the Public Conservator function and part of a larger department, such as the Department of Mental Health, Department of Health & Human Services, Department of Behavioral Health Services, or Department of Health Care Services, etc.
- Public Administrator, Public Guardian, and Public Conservator are all together and organizationally part of a larger agency such as Health & Human Services, Agency on Aging, Behavior Health Services or Department of Health Care Services etc.
- Public Administrator, Public Guardian, Public Conservator are all together and is an independent/stand-alone department
Our Members in Action
Here are a few stories shared by our members that showcase the ways in which they benefit our communities. It is the little things that make the biggest impact in the lives of those we serve.
When Abdul’s birthday arrived he was stunned to see a room filled with colorful balloons, a birthday cake, and best of all, a rousing and unmelodious rendition of “Happy Birthday to You” from friends and staff. Abdul was overwhelmed with happiness and christened the day as the “Best Ever”!
Margaret went to a shelter and then rented a small studio, which exceeded her monthly income. Her health deteriorated as she stopped necessary prescriptions and stressed over her granddaughter’s betrayal and her looming homelessness. Her plight was reported to Adult Protective Services (APS) as a financial abuse case. As a member of the Financial Abuse Specialist Team, the Public Guardian deputy worked with Margaret in seeking solutions and discovered that Margaret was a veteran. Acting closely and diligently with the Veterans Administration (VA), the deputy was able to identify and secure alternative housing for Margaret, who served honorably in the United States Navy. The proposed conservatee was given shelter at the Homeless Veterans Emergency Housing Facility, where she will continue to reside for two years. After the duration of her stay, Margaret will receive a free housing voucher to assist her with re-establishing and rebuilding her life.
Living now in a safe, supportive, affordable, and comfortable living environment, she expresses gratitude and has regained the dignity that she feels she lost through the betrayal of loved ones. With free medical and dental benefits and a reduction in stress, Margaret no longer feels hopeless and can care for herself, without conservatorship. She rests assured that there are those, like the PAGC and the VA, who are there to help in times of despair.
Together, the team at PA|PG|PC began to piece together a solution by developing an estate plan, organizing 24-hour caregivers and preparing their home for Mark and Karen’s return. When everything had come together, the couple were overjoyed to be reunited. All smiles and tears, Mark and Karen said of their Deputy, “She is the one who brought us home and we are so grateful!”
With the help of her PA|PG|PC Deputy, Samantha developed goals while in treatment and gained insight into what was needed to remain independent within the community. When PA|PG|PC staff assisted her in obtaining benefits, they discovered that she was entitled to over $17,000 in Social Security back payments. With the skills she developed, the benefits she now receives and money to get back on her feet, Samantha was released from conservatorship and has continued to be successful, living independently in an apartment she found on her own.