Listed below are some common questions
frequently asked by families, and the
It is the goal of the Public
Guardian-Conservator to treat all persons fairly and
equitably while protecting the fiduciary interests of the
estate managed by his staff. Please do not hesitate to
contact the Public Guardian-Conservatorâ€™s Office, at (909)798-8500, Monday
through Friday, 8:00 a.m. to 5:00 p.m. if you have any
questions or concerns regarding sales procedures.
Q. Why wonâ€™t the facility where my family member lives release information to me when the family member is under public Probate or LPS conservatorship?
A. All information at the facility is considered confidential and there are several laws and regulations which prohibit release of specific information. Facilities are unable to release any information without the consent of the Public Guardianâ€™s office. Family members should contact the assigned Deputy Public Guardian directly.
Q. Can I make decisions as to where my family member lives while family member is under public conservatorship?
A. You are allowed to give your opinion; however, the final decision for placement comes from the Public Guardianâ€™s office.
Q. Is my family member allowed to stay at home under a public Probate conservatorship, and if so, who will care for him/her?
A. Yes, if finances allow, a part-time care provider is hired for a few hours a week to buy groceries and personal items, to take family member to doctor, dentist, podiatry, and any other medical appointments, to clean resident with light housekeeping services, etc. If finances are low, an application is submitted to IHSS program for a part-time care provider in order to keep the family member in their home as long as possible. This is a voluntary program. LPS conservatees cannot remain in their own home as treatment for mental illness is typically provided in a facility.
Q. Is this conservatorship effective in other states?
A. No, CA conservatorships are effective only in the state of CA.
Q. Is there an age limit to qualify for a conservatorship?
A. Yes, all Probate conservatorships are for adults only; i.e. at least 18 years old.
Q. Is a public conservatorship needed when I have a Power of Attorney?
A. No if your Power of Attorney gives you the power to consent for medical/health issues as well as financial issues. The Power of Attorney will have to specifically give you these powers. The family member must agree to you having these powers before the family member becomes incapacitated (unable to give consent).
Q. How do I find out about real or personal properties for sale?
A. To receive information on either real or personal property, you may provide the Public Guardian-Conservatorâ€™s Office with a supply of business size, self-addressed, stamped envelopes. Be sure to indicate what type of property you are interested in. The Public Guardian-Conservatorâ€™s Office will mail you information on what is currently available for sale. Information on all property is posted in the lobby of the Public Guardian-Conservatorâ€™s Office. Personal property is posted in the San Bernardino Courthouse. Personal property notices are also posted in the Public Guardian-Conservator Warehouse
Q. What kind of properties do you sell?
A. The Public Guardian-Conservator may sell any asset found in the personal possession of one of his decedents or conservatees, subject to court approval. In the past this has included such items as real property, both improved and unimproved, mobile homes, automobiles, jewelry, miscellaneous household furnishings and personal effects, boats, trust deeds, etc.
Q. What determines the sales price of personal or real property?
A. The majority of estate assets are appraised by the court-appointed Probate Referee of the State of California. The appraised value then becomes the "asking price." Interested persons may then submit bids, with the Public Guardian-Conservator looking for the highest and best bid within court guidelines under the Probate Code, which states we may accept nothing less than 90% of the current appraised value.
Q. What is the bidding process?
A. All sales are conducted as a sealed-bid auction. Personal property is open for bids for a two-week period. Real property is open for bids for a four-week period. Both are subject to the discretion of the Public Guardian-Conservatorâ€™s Office. Bid forms may be obtained at the Public Guardian-Conservatorâ€™s Office, by mail or by phone request. Any bid submitted on property appraised at over $1,500.00 must be accompanied by a 10% deposit in the form of a cashierâ€™s check or money order which is held and returned if yours is not the successful bid. All bids must be in the Public Guardian-Conservatorâ€™s Office and time-stamped prior to 5:00 p.m. of the established bid closing date. No bid received after 5:00 p.m. of the bid closing date will be considered. All bids are kept confidential. No information will be released specific to any bid or regarding the number of bids received.
We accept Cashierâ€™s Checks and Money Orders ONLY for payment of property purchased.
Q. How do I get to see property for sale?
A. Almost all personal properties are stored at the Public Guardian-Conservator Warehouse. Personal properties, including automobiles, are available for viewing by appointment only. To make an appointment, contact the Warehouse at (909) 387-2510.Real properties are also available for viewing by appointment only during regular business hours. To make an appointment, contact the Public Guardian-Conservatorâ€™s Office at (909) 798-8500.No one other than a Public Guardian-Conservator staff member or representative may show the properties.
Q. Can I bid at the Court Hearing?
A. Any sale set for regular hearing to seek confirmation will be opened to bidding at that hearing. To make an "overbid," the bidder must appear in Court either in person or by personal representative. The Court will ask the bidder to identify himself or herself and once the required overbid is met, set the increments for continued overbidding. The first required overbid amount is determined by the formula found in the Probate Code as follows: The amount of accepted high bid plus 10% of the first ten thousand and 5% of anything over ten thousand.
Q. Can Public Guardian-Conservator staff buy from the estates?
A. No staff member may buy directly or indirectly from any Public Guardian-Conservator estate. Such activity is subject to substantial financial penalties and potential prison terms.