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1. What is the Public Guardian / Public Conservator / Public Administrator Office responsible for?

The office provides conservatorship services for those who are unable to provide for their own basic food, clothing, and shelter needs, or are unable to manage their personal financial affairs or are susceptible to fraud or undue influence. The office may be appointed when there is no other trusted person available to act as conservator or to manage a deceased person’s estate. For further information, contact us at 707-253-4049.

2. What is the difference between a Public Administrator, a Public Conservator and a Public Guardian?

A Public Administrator investigates and may administer the estates of Napa County residents who die without a will, when no appropriate person is able to act, or when appointed by the Court. A Public Conservator or Guardian is appointed by the Court to help manage a person’s personal needs and / or financial needs. For further information, contact us at 707-253-4049.

3. What services does the Public Administrator provide?

The Public Administrator is court appointed to:

• Protect a decedent’s property from waste, loss or theft
• Make appropriate burial arrangements
• Conduct an investigation to locate all assets
• Ensure the estate is administered according to the decedent’s wishes
• Pay a decedent’s bills and taxes
• Locate persons entitled to inherit from the estate

For further information, contact us at 707-253-4049.

4. What services does the Public Conservator provide?

The Public Conservator is court appointed to:

• Manage a client’s finances
• Locate and take control of the assets
• Collect income due
• Pay bills
• Invest a client’s money and protect known assets

For further information, contact us at 707-253-4049.

5. What services does the Public Guardian provide?

The public guardian arranges for a client’s care and protection, determines where the client will live, makes appropriate arrangements for health care and housekeeping, transportation and recreation. For further information, contact us at 707-253-4049.

6. How does a Power of Attorney differ from a Conservatorship?

A Power of Attorney (POA) is power granted to an attorney-in-fact (another individual) to conduct any business that a person could do himself, such as banking, real estate, taxes, business transactions, or any other issue. Powers of attorney are generally time-limited. The client must be capacitated and there is no court oversight. A power of attorney may be withdrawn at any time by the person who has granted the authority. The court is not involved. A Conservatorship occurs when the client can not make decisions for himself/herself due to legal incapacity and the court has reviewed the person's situation. A conservatorship generally supersedes a POA. A person may agree to a conservatorship or it may be order over a person's objection after the judicial process is completed. For further information, contact us at 707-253-4049.

7. What are the different types of conservatorship?

California law provides for two basic types of conservatorship depending upon the conservatee's particular needs.

• Probate Conservatorship
  • A probate conservatorship of person may be established for those found unable to properly provide for their personal needs for physical health, food, clothing, or shelter. A probate conservator of estate may be established for those who are substantially unable to manage their own financial resources or resist fraud or undue influence.
    
• Lanterman-Petris-Short (LPS) Conservatorship
  • A conservator of the person or both person and estate may be appointed for those found unable to provide for their basic personal needs for food, clothing, or shelter as a result of mental disorder or impairment by chronic alcoholism.
    

For further information, contact us at 707-253-4049.

8. Who can be a Petitioner?

Anyone can request the court appoint a conservator for a person. The Petition for Guardian / Conservator identifies the circumstances of the respondent's condition and identifies individuals who know the respondent and may be interested in the respondent's welfare. The petition formally sets the conservatorship process in motion in court. For further information, contact us at 707-253-4049.

9. Who is eligible for services through the Public Guardian?

Public Guardians are court appointed for individuals who are found to be unable to properly care for themselves or their finances or who are unable to resist undue influence or fraud and have no other person / entity that can provide this level of service. Clients are usually older, frail, dependent and vulnerable adults. For further information, contact us at 707-253-4049.

10. How do I make a referral or get help for someone in need of Conservatorship services?

A request for a conservatorship can be initiated by Adult Protective Services or by a third party (friend, family member, physician, banker, and/or law enforcement, etc.). Probate Conservatorships can be established for the person and/or the estate. An independent investigation is conducted to determine if conservatorship is necessary or if there are appropriate alternative services available. It is helpful if the proposed conservatee's physician is willing to provide a signed statement that the individual is in need of conservator or guardian services. For further information, contact us at 707-253-4049.

11. Are there fees involved?

If the conservatee owns sufficient assets, the Public Guardian is awarded fees for services through the Superior Court’s annual/semi-annual accounting process. If the conservatee does not have sufficient assets, fees are not collected.