Description

Alameda County Public Guardian-Conservator

Public Guardian-Conservator

The Public Guardian-Conservator manages probate and mental health (Lanterman-Petris-Short, known as LPS) conservatorships for Alameda County residents who have been adjudicated by the Superior Court either to lack capacity to manage finances and/or health care, or to be gravely disabled by mental illness or substance abuse. The Public Guardian-Conservator works in partnership with Adult Protective Services (APS) to protect elders and dependent adults who are victims of financial abuse or exploitation and who are unable to protect themselves. For more information, call 510-577-3585.

Probate Conservatorships

A probate conservatorship is a legal arrangement in which a court-appointed adult oversees the financial matters and/or personal care of another adult who has been determined by the court to be incapable of managing alone. In Alameda County, the Public Guardian’s office is authorized by California statute and county ordinance to manage conservatorships and guardianships. The Public Guardian-Conservator manages conservatorships in accordance with the California Probate Code, as administered by the Alameda County Superior Court.

The Public Guardian-Conservator may be appointed conservator of person (for managing personal care), and/or estate (for managing financial matters). Additional powers may be granted for medical decision-making, dementia medications, and dementia placement.

Criteria for referral to the Public Guardian-Conservator include medically verifiable mental incapacity, and an imminent threat to health or safety or the person’s estate. Hospitals, nursing homes, residential care facilities, public welfare service workers, and any knowledgeable friend or relative may make referrals. For more information and to request a referral packet, call 510-577-3585.

LPS Mental Health Conservatorships

The Lanterman-Petris-Short (LPS) Act ensures that individuals who are diagnosed with a mental illness or chronic alcoholism and are gravely disabled are afforded legal due process when involuntarily hospitalized in a mental health facility. LPS Conservators provide the legal authority to medical staff at locked psychiatric facilities to provide treatment to individuals who lack capacity to give informed consent for psychiatric and medical treatment. When appropriate, and to protect and individual’s assets, the LPS Conservator may petition the Superior Court to manage an individual’s finances.

Referrals are made to the Alameda County Public Guardian Conservator’s office only by county designated facilities, such as John George Psychiatric Pavilion, Herrick Hospital and Fremont Hospital. An individual is referred to the LPS Unit of the Alameda County Public Guardian Conservator’s Office for conservatorship when he/she is unable to provide for his/her own food, clothing and/or shelter.

For information on LPS Conservatorships, call 510-577-7045

 

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