Public Guardian

On behalf of the San Luis Obispo County Public Health Department, the Public Guardian manages the property, finances and personal care needs of county individuals who are substantially unable to provide for themselves. This is accomplished through the Conservatorship and Public Representative Payee programs.

Conservatorship Program

Family members, physicians, friends or institutional staff may be concerned about the well-being of an individual who is:

• Elderly and unable to provide for or manage their personal needs (physical health, food, clothing, financial resources, fraudulent influence from others); or
• Gravely disabled as a result of a mental disorder and unable to provide for their basic necessities (food, clothing, shelter).

If so, they can make a referral to the Public Guardian/Conservatorship Investigator to look into the need for a conservator.

Public Representative Payee Program

Individuals who have difficulty managing money or their financial affairs may qualify to have the Office of the Public Guardian serve as their Representative Payee. On behalf of the individual, the Public Guardian’s office receives their monthly income, makes payments to cover their monthly expenses, and manages their financial resources.

This program is limited to individuals who receive a steady income through public entitlements, public benefits programs or other stable, ongoing benefits programs. All applicants must have a case manager affiliated with a public agency or non-profit organization. The case manager must be willing and able to prepare a monthly budget and monitor the activities of the applicant.

This program is for individuals whose needs can be met without the formality of a conservatorship.

Office of The Public Guardian
P.O. Box 1489
San Luis Obispo, CA 93406
Phone: 805-781-5845

Frequently Asked Questions

Q. What is a conservatorship?

A. A conservatorship is established when the Superior Court holds a hearing and a judge appoints a conservator to manage the financial and/or personal care needs of an individual who is either physically or mentally unable to properly provide for these needs alone.

The inability to provide for the personal needs of physical health, food, clothing or shelter may indicate the need for a conservatorship of the person.

A conservatorship of the estate may be initiated for an individual who is substantially unable to manage financial resources or resist fraud or undue influence. The law states that "substantially unable" may not be based solely on isolated incidents of negligence. There must be a clear indication that limiting disabilities will continue in order to substantiate the need for a conservatorship. A non-conventional lifestyle, or the fact that someone is a nuisance to neighbors and the community, does not, by itself, justify the need for a conservatorship.

Q. What types of conservatorships are there?

A. In California, there are two types of conservatorships:

• Probate Conservatorship
• L.P.S. (Lanterman-Petris-Short) Conservatorship

Q. What is a probate conservatorship?

A. A probate conservatorship provides a way to manage property and/or provide for the personal care needs of the adult disabled and the elderly. The discovery of need for a probate conservatorship is usually made by someone close to the person, such as a family member, physician, neighbor, friend, hospital or other institutional staff member. The need for a conservatorship is usually determined by observing behavioral changes, such as a decline in mental and/or physical condition affecting the ability to accomplish normal day-to-day activities.

A probate conservatorship may be of the person only, or estate only, or person and estate combined. A probate conservator does not have the authority to place his/her conservatee in a psychiatric treatment facility.

A probate conservatorship remains in effect indefinitely, usually until the conservatee can show that he or she is again capable of handling his/her own affairs appropriately, or until a suitable alternative such as a representative payee is found.

Q. What is an L.P.S. conservatorship?

A. An L.P.S. (Lanterman-Petris-Short) conservatorship is for a person who is gravely disabled (as the result of a mental disorder) and is unable to provide for his/her basic personal needs for food, clothing or shelter, and requires placement in a state mental institution or other facility for psychiatric treatment.

An L.P.S. conservatorship may be of the person only, or of the person and estate, but not of the estate only. An L.P.S. conservator has the authority to place his/her conservatee in a state hospital or psychiatric treatment facility involuntarily.

All prospective L.P.S. cases must be referred to the Public Guardians Office’s Conservatorship Investigator by specifically designated psychiatric treatment facilities. The designated referral agencies within San Luis Obispo County are Community Mental Health and other licensed psychiatric facilities. Community Mental Health: 781-4700.

Once a case is referred, the Conservatorship Investigator evaluates the case, makes a recommendation and, if appropriate, petitions the court for the appointment of a conservator.

An L.P.S. conservatorship must be renewed by the conservator on an annual basis by filing the necessary documents with the Superior Court.