Hours of Operation
Monday - Friday 8 AM to 5 PM
LocationMonterey County Public Administrator/Guardian Office
2620 1st Ave, Marina, CA 93933
The Monterey County Public Guardian-Conservator manages probate conservatorships and mental health (LPS also know as Lanterman-Petris-Short) conservatorships for Monterey County residents who have been adjudicated by the Superior Court to either lack capacity to manage finances and/or health care.
The Probate Conservatorship acts as court appointed conservator for frail, elderly, dependent, and cognitively impaired adults substantially unable to manage personal or financial affairs or who are victims of financial abuse or exploitation and who are unable to protect themselves. The Public Conservator provide services to assist elder or dependent adults in financial jeopardy, at risk of losing their real property, income, savings, or are being financially abused by artful and designing person/people.
The Probate Conservatorships are in accordance to the California Probate Code sections. The proceedings are held in and supervised by the Superior Court of California. The probate court can appoint a conservator of the person, a conservator of the estate, or both, depending on the needs of the conservatee. The court-appointed adult oversees the personal care and/or financial matters of another adult who has been determined by the court to be incapable of managing alone.
As the Probate Conservator of the Person (for managing personal care), the legal responsibilities include:
- Arrange for the conservatee's care and protection
- Decide where the conservatee will live
- Make arrangements for the conservatee's: meals, health care, clothing, personal care, housekeeping, transportation, shelter, recreation, and well-being
- Obtain approval from the court for certain decisions about the conservatee's health care or living arrangements
- Report to the court on the conservatee's current status
As the Probate Conservator of the Estate (for managing financial matters), the legal responsibilities include:
- Manage the conservatee's finances
- Locate and take control of all assets
- Collect the conservatee's income
- Make a budget to show what the conservatee can afford
- Pay the conservatee's bills
- Responsibly invest the conservatee's money
- Protect the conservatee's assets
- Account to the court and to the conservatee for the management of the conservatee's assets
The LPS Conservatorships (also known as Lanterman-Petris-Short and Mental Health Conservatorship) 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. The Public Conservator provides services for Monterey County residents who due to a severe and persistent mental illness are unable to provide for their basic needs of food, clothing, and shelter and are unwilling or unable to accept treatment voluntarily.
Investigation and establishment procedures are detailed in California's Welfare and Institutions Code. These Conservatorships provide for involuntary treatment. The proceedings are held in and supervised by the Superior Court of California. The stated Legislative intent is to provide individualized treatment, supervision, and placement services by a Conservatorship program for persons gravely disabled due to a mental disorder. When appropriate, and to protect an individual's assets, the LPS Conservator may petition the Superior Court to manage an individual's finances.
The LPS Conservator's legal responsibilities include:
- Receive referrals and conduct the official County Investigation to determine if a Conservatorship recommendation meets legal criteria. Provide Conservatorship Investigation Report to the Court.
- Petition for appointment of Conservator and serve in the capacity of Temporary Conservator pending the Court hearing to establish a Conservatorship.
- Assure provision of necessary treatment with the goal of reducing the behavioral manifestations the mental illness causing grave disability.
- Act as Conservator for persons meeting legal criteria.
The services provided by Monterey County Public Conservator are authorized by California Statute, monitored by the Probate Division and Mental Health of the Superior Court of California, and in accordance to the California Probate Code and Welfare and Institutions Code sections.