(Public Guardian Information) (About the Public Guardian) (Department Goals) (Sales) (FAQ)
FAQ
From the Desk of Brian McCormick: As the Public Guardian-Conservator for the County of San Bernardino, I would like to share a brief summary with you to provide you with a general understanding of the Public Guardian’s Office and the Conservatorship Program in San Bernardino County.
For more specific information you may call my office during regular business hours and a knowledgeable, competent staff member will be glad to answer questions you may have. For legal advice, however, please consult your attorney.
It is my goal for all persons to be treated with dignity and respect while providing quality and cost-effective services to the people of San Bernardino County.
Sincerely,
Brian McCormick
1. Who is the Public Guardian-Conservator?
2. What is the Public Guardian-Conservator?
3. What is a conservator?
4. Why should a conservatorship be established?
5. What must a conservator do once he or she is appointed?
6. What must a conservator do for the person under conservatorship?
7. What does a conservator do for the estate under conservatorship?
8. How is the conservator compensated?
9. Is the conservator liable for the actions of the conservatee?
10. What happens if the conservator dies or otherwise cannot serve?
11. What happens if the conservatee dies?
12. What is a Probate Conservatorship?
13. Who can initiate a Probate Conservatorship?
14. Who represents the proposed conservatee?
15. Who authorizes medical treatment for the conservatee?
16. What is an L.P.S. conservatorship?
17. What is L.P.S.?
18. Who initiates an L.P.S. conservatorship?
19. When is the Public Guardian appointed?
20. What are the legal limitiations of an L.P.S. conservatorship?
21. What rights are denied an L.P.S. conseratee?
22. Can an L.P.S. conservatee request termination of the conservatorship?
23. What is a Limited Conservatorship?
24. What are the Departments and Organizations providing services regarding Conservatorship in San Bernardino County?
Q. Who is the Public Guardian-Conservator?
Brian McCormick was first elected as Public Administrator-Coroner for the County of San Bernardino in 1982 and was subsequently reelected in 1986, 1990, 1994, 1998 and again in 2002. As Public Administrator-Coroner, he is appointed ex-officio Public Guardian-Conservator.
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Q. What is the Public-Guardian-Conservator?
The Public Guardian is appointed by the Superior Court to act as conservator of persons who are not able to manage their own affairs.
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Legal advice is provided to the Public Guardian by the San Bernardino County Counsel.
GENERAL INFORMATION REGARDING CONSERVATORSHIPS:
Q. What is a conservator?
A conservator is a person or agency appointed by the Superior Court to act in the best interest of the conservatee. The conservator may be a public agency (Public Guardian) or a private person (relative or friend of the conservatee). Priority is given to family members if they are willing and capable of serving as conservator, and if they have no conflict of interest.
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Q. Why should a conservatorship be established?
One distinct advantage of a conservatorship is the direct supervision by the Superior Court. All conservators are subject to the scrutiny of the Court for the management of both the person and estate of the conservatee. The conservator must report all financial transactions to the Court. Private conservators are required to post bond based on the value of the estate.
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Once the conservator has been appointed, he or she is responsible for the care of the conservatee and for safeguarding and managing the conservatee’s estate (if he or she has one).
Due to the complex legalities involved with conservatorship it is best if a private conservator is represented by his/her own attorney.
Q. What must a conservator do once he or she is appointed?
After appointment the conservator must post bond and have Letters of Conservatorship issued by the Clerk of the Court. Current certified copies of Letters of Conservatorship are proof that the conservatorship is in effect.
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The conservator must ascertain the status of the conservatee’s estate and take physical control of personal property. Bank accounts should be closed and funds deposited into accounts held in the name of "the conservator, as conservator of the estate."
All assets must be reported to the Court by filing an Inventory and Appraisement within ninety days of appointment. The inventory also determines the amount of bond required of the private conservator and sets the initial amount for which the conservator is accountable. Real property, personal property, stocks, bonds, non-and non-cash items are appraised by the State Inheritance Tax Referee.
An accounting must be filed by the conservator with the Court one year after appointment. The accounting must set forth the beginning balance, income, disbursements, and property on hand.
Q. What must a conservator do for the person under conservatorship?
A. The conservator of the person has the responsibility for the conservatee’s care, custody and control. The conservator determines where the conservatee lives and insures that his/her daily needs are met. The conservator may fix the residence of a conservatee at any place within the State of California without permission. L.P.S. conservatees must be placed in the least restrictive placement, which may include, but is not limited to the following: medical, psychiatric, nursing, or other state licensed facility or state hospital, county hospital, or United States government hospital.
Q. What does a conservator do for the estate under conservatorship?
The conservator must provide for the maintenance and support of the conservatee. The conservatee’s estate is used for this provision. The conservator may also be required to seek public assistance (Medi-Cal, Supplemental Security Income) in order to properly provide for the conservatee. The conservator is not required to use his/her own financial resources for the care of the conservatee.
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The conservator, upon approval of the Superior Court, may sell real or personal property belonging to the conservatee when it is in the best interest of the estate or to provide funds for the care of the conservatee. The conservator may invest funds of the estate in banks or savings and loan institutions money market certificates. All other investments must be approved by the Court.
Q. How is the conservator compensated?
Compensation to the conservator and to his/her attorney are allowed for the estate. These fees must be authorized by the Court prior to being removed from the estate.
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Q. Is the conservator liable for the actions of the conservatee?
The conservator cannot be held liable for any action by a conservatee.
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Q. What happens if the conservator dies or otherwise cannot serve?
Generally, conservatorship does not terminate at the death or incapacity of the conservator. The death or incapacity of the conservator does not change or eliminate the conservatee’s physical, mental, or other condition that originally caused the need for conservatorship. It does necessitate the prompt replacement of the conservator, which is usually initiated by the attorney of record (for the previous conservator).
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Q. What happens if the conservatee dies?
The authority of the conservator, whether of the person or estate, ends upon the death of the conservatee and he/she is powerless thereafter to act as conservator of the estate (Probate Code 2631). This lack of authority prevents the conservator from completing most matters, except that the conservator may pay the expenses of the last illness.
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When the conservatee dies, the conservator is responsible for the care and preservation of the conservatee’s property until it is delivered to the personal representative of the conservatee’s estate or otherwise lawfully disposed of.
If the size and nature of the estate qualified under Probate Code 13101, after accounting to the Court, the conservator may deliver the assets to the beneficiary/heir without the need for probate.
Q. What is a Probate Conservatorship?
Probate conservatorship is initiated for an individual who is unable to provide for his or her personal needs for physical health, food, clothing, or shelter; who is unable to manage his or her own financial resources or resist fraud or undue influence. Conservatorship may be for the person, the estate, or both. This type of conservatorship is defined in the California Probate Code and, once established, is in effect until further Court proceedings are initiated to terminate the conservatorship. Probate conservatorship is used primarily for elderly individuals who can no longer function independently and it is frequently utilized by private attorneys to appoint family members as conservators. When there are no family members willing and qualified to serve, the Public Guardian may do so. The typical probate conservatee is elderly and may suffer from mild mental dysfunction (senile dementia, Organic Brain Syndrome) and lacks the judgment ability to properly manage his/her estate.
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Q. Who can initiate a Probate Conservatorship?
A probate conservatorship may be initiated by an attorney to have the Superior Court appoint a private individual (relative or friend) as conservator. Where the need exists for the Public Guardian to serve as the conservator, a telephone call should be made to the Public Guardian’s office to inform them of the need for assistance. An investigator will be assigned to determine the necessity of a conservatorship. If appropriate, the Public Guardian staff will proceed with the initiation of the conservatorship.
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Q. Who represents the proposed conservatee?
The Court may appoint an attorney to represent the proposed conservatee if he/she objects to the conservatorship.
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If the proposed conservatee is unable to attend the Court hearing, the Superior Court Conservatorship Investigator is appointed to interview the conservatee and to submit a recommendation to the Court as to the status of the proposed conservatee.
One year after the establishment of a conservatorship and biennially thereafter, the Court investigator will visit the conservatee to ascertain whether he/she wishes to petition to terminate the conservatorship, whether one is still required, and if the conservator is acting in the conservatee’s best interest. An appointment will also be made to speak with the conservator and to review their records.
Q. Who authorizes medical treatment for the conservatee?
A probate conservator may request authority from the Court to consent to medical treatment for the conservatee. The conservator may consent to medical treatment only when, based on medical advice, the case is an emergency in which immediate treatment is required to alleviate severe pain or the threat of serious disability or death. The probate conservatee, upon Court order, may be denied the right to vote.
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Q. What is an L.P.S. conservatorship?
L.P.S. Conservatorship is intended for an individual who is gravely disabled as a result of a mental disorder or by impairment by chronic alcoholism who is unwilling or incapable of accepting treatment voluntarily.
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Gravely disabled is defined as a condition in which a person is unable to provide for his/her basic personal needs of food, clothing, and shelter or a condition in which a person has been found mentally incompetent under the Penal Code and the pending charges are a felony involving death, great bodily harm, or serious threat to another.
A minor is considered to be gravely disabled if he/she is unable to use the basic elements of life which are considered to be essential for health, safety and development, even if provided by others.
Q. What is L.P.S. ?
The Lanterman-Petris-Short Act is a division of the California Welfare and Institutions Code. That law was enacted in 1969 to eliminate the inappropriate, indefinite, involuntary commitment of mentally disordered persons. This type of conservatorship is frequently referred to as "Mental Health Conservatorship."
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Q. Who initiates an L.P.S. conservatorship?
In San Bernardino County this type of conservatorship must be initiated by the Mental Health Conservatorship Investigator. If there exists a need for Temporary Conservatorship, he/she will file a petition with the Superior Court. The Court may appoint a Temporary Conservator Ex Parte (without hearing). The Public Guardian is appointed temporary conservator for thirty days in all cases. If circumstances dictate immediate resolution to a crisis, a local law enforcement agency may provide an officer to take a seriously mentally ill individual to the Mental Health Unit for an evaluation if the individual is a danger to him/herself or to others. The Superior Court Mental Health Counselor is available to provide information and assistance to individuals who are experiencing difficulties due to mental illness.
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Q. When is the Public Guardian appointed?
The Public Guardian may serve as "permanent" conservator where there is no one else willing and capable of serving.
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Q. What are the legal limitations of an L.P.S. conservatorship?
A permanent L.P.S. conservatorship automatically terminates after one year (excluding the period of temporary conservatorship). If at that time the conservatee is still gravely disabled, the conservator must obtain the opinion of two physicians and initiate further Court proceedings to reestablish the conservatorship for another year. Although there is no typical L.P.S. conservatee, an example would be a Chronic Schizophrenic individual who is unmanageable in the community. One of the conservator’s responsibilities is to provide treatment for the mental disorder. An L.P.S. conservatee may be placed in a locked psychiatric facility against his/her will.
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All proposed conservatees are interviewed by and represented in Court by an attorney. Court proceedings regarding L.P.S. conservatorship are confidential and are held in a special Courtroom. The conservatee is entitled to a Court of jury trial if he/she objects to the ongoing conservatorship.
Q. What rights are denied an L.P.S. conservatee?
Upon Court confirmation the following rights may be denied: (a) the right to enter into contracts; (b) the privilege of possessing a license to operate a motor vehicle; and (c) the right to possess and carry firearms.
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The conservator shall have the right to refuse or consent to medical treatment related specifically to the conservatee’s grave disability and to treatment relating to an existing and continuing medical condition (if the condition is specified in the Court Order).
A conservatorship may be established only if there is no suitable alternative.
Q. Can an L.P.S. conservatee request termination of the conservatorship?
The conservatee has the right to request a rehearing to terminate the conservatorship; however, only one such request shall be made within a six-month period.
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Q. What is a Limited Conservatorship?
A Limited Conservatorship is designed specifically for a developmentally disabled individual to provide maximum training and independent functioning.
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Brian McCormick
San Bernardino County Public Guardian-Conservator
175 South Lena Road
San Bernardino, CA 92415-0037
(909) 387-2536Superior Court Conservatorship Investigator
351 North Arrowhead Avenue
San Bernardino, CA 92415-0240
(909) 387-3897Superior Court Mental Health Counselor
400 North Pepper Avenue, Behavioral Health Bldg.
Colton, CA 922324-1819
(909) 580-1812Continuing Care Clinic
939 North "D" Street
San Bernardino, CA 92415
(909) 388-4300805 East Mt. View
Barstow, CA 92311
(760) 256-5026850 East Foothill Blvd.
Rialto, CA 92376
(909) 421-9262934 North Mountain Ave.
Upland, CA 91376
(909) 579-8100L.P.S. Conservatorship Investigator
850 East Foothill Blvd.
Rialto, CA 92376
(909) 421-9380San Bernardino County Clerk’s Office
351 North Arrowhead Avenue, Fifth Floor
San Bernardino, CA 92415-0240
(909) 387-3943San Bernardino County Patient’s Rights Advocate
400 North Pepper Avenue
Colton, CA 92324
(909) 421-9388Attorneys for L.P.S. Conservatees
25757 Redlands Boulevard
Redlands, CA 92373
(909) 796-6881SAN BERNARDINO COUNTY PUBLIC GUARDIAN-CONSERVATOR
175 South Lena Road
San Bernardino, CA 92415-0037
(909) 387-2536
Fax: (909) 387-2024
