Roster of Officials
Each county in California has the discretion to organize its' Public Administrator, Public Guardian and Public Conservator (PA, PG, PC) functions in whatever manner it wishes. However, all three functions act under the authority of the Superior Court.
Public Administrator
The Public Administrator function handles the disposition of deceased estates. The Public Administrator serves the public by investigating and administering the estates of persons who die with no will or without an appropriate person willing or able to act as administrator. The Public Administrator's primary duties are to protect the decedent's property from waste, loss or theft; make appropriate burial arrangements; conduct thorough investigations to discover all assets; liquidate assets at public sale or distribute assets to heirs; pay the decedent's bills and taxes; and locate persons entitled to inherit from the estate and ensure that these individuals receive their inheritance.
Public Guardian
The Public Guardian function is carried out via Probate Conservatorships, which assist individuals who are substantially unable to provide for their own basic needs, (food, clothing, and shelter). Probate Conservatorships are primarily established for adults who cannot care for themselves or manage their own finances. This type of conservatorship is often used for older adults with severe limitations and for younger people who have serious cognitive impairments.
Public Conservatorship
The Public Conservatorship function is performed via an LPS Conservatorship. This type of conservatorship is named for the three Assemblymen who sponsored the original bill - Lanterman, Petris and Short Act. LPS conservatorships are established to arrange mental health treatment and placement for people who are unable to provide for their food, clothing, shelter, and treatment needs, as a result of a mental disorder. LPS Conservatorship provides a legal framework for the delivery of services to individuals needing psychiatric treatment, but who are unwilling or unable to accept it.
The following are some examples of county organizational structures for these three functions:
- Public Administrator is an elected official.
- Public Administrator is organizationally part of the Tax Collector/Auditor's Office.
- Public Administrator is organizationally part of the Sheriff and/or Coroner's Office.
- Public Administrator is organizationally part of the District Attorney's Office.
- Public Guardian is organizationally part of a Social Service, Adult & Aging, or Senior Services Department.
- Public Conservator is organizationally part of the Department of Mental Health.
- Public Guardian is combined with the Public Conservator function and part of a larger department, such as the Department of Mental Health, Department of Health & Human Services, Department of Behavior Health Services, or Department of Health Care Services, etc.
- Public Administrator, Public Guardian, and Public Conservator are all together and organizationally part of a larger department, such as Health & Human Services, Agency on Aging, or Behavior Health Services, or Department of Health Care Services etc.
- Public Administrator, Public Guardian, Public Conservator are all together and is an independent/stand-alone department.
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2010 Fall Conference
Join us September 20-24 for our Fall Conference in Modesto, CA. Register by 9/2/2010.