Protecting vulnerable individuals who are unable to protect themselves
A conservatorship is a legal arrangement in which an adult oversees the personal care or financial matters of another adult considered incapable of managing alone.
The incapacitated person is the “conservatee.” The person who takes over is the “conservator.” A California conservatorship is established, overseen and terminated by the Superior Court. Conservatorships are only appropriate when an individual has no suitable person and/or no legal arrangement, such as a Power of Attorney or Trustee, in place to act for the individual when they become incapacitated or require involuntary mental health treatment. Conservatorship is an extreme remedy and a last resort alternative.
In Alameda County, the Public Guardian-Conservator manages Probate and Mental Health conservatorships for residents who have been adjudicated by the Superior Court to either lack capacity to manage finances and/or health care, or to be gravely disabled due to mental illness or substance abuse.
Co-located with Adult Protective Services (APS), the Public Guardian-Conservator works in partnership with APS to protect individuals who are victims of financial abuse or exploitation and who are unable to protect themselves. Whenever possible, the Public Guardian-Conservator will work with County Counsel to use civil remedies to recover misappropriated funds.
This office also collaborates with the District Attorney’s office in the prosecution of felony elder abuse offenders and on the establishment of LPS-Murphy conservatorships.
The Public Guardian-Conservator works closely in partnership with County Behavioral Health Care Services as well.