Probate Conservatorship
The function of the Office of the Public Guardian is to act as the court-appointed Probate Conservator for the estate of a San Luis Obispo County resident who is substantially unable to:
- manage his/her financial resources,
- resist fraud or undue influence,
- properly provide for his/her personal needs for physical health, food, clothing, or shelter.
As probate conservator, the Office of the Public Guardian is involved in all aspects of their clients’ lives, including financial management, housing, medical care, placement and advocacy. Referrals for probate conservatorship usually come from another community agency, institution, physician, attorney or family member.
The Public Guardian will apply for appointment as guardian or conservator of the person, the estate, or the person and estate, if there is imminent threat to the person’s health or safety or the person’s estate.
The conservatorship and estate administration service is a mandated program as specified by the California Probate Code Sections 2900-2950; California Welfare and Institutions Code Sections 8000-8006, 8008, and 8015; and Government Code Sections 27430-27435.
What is the process?
Call the Office of the Public Guardian.
If you are concerned about a person and believe that person meets the criteria for probate conservatorship, please call the Office of the Public Guardian at 805-781-5845. You may talk to our investigator about whether a particular situation would be appropriate for the Public Guardian to investigate prior to submitting a formal referral.
Submit a formal referral.
To submit a Public Guardian referral, please complete and submit a referral form.
Download the referral form here.
The form must be filled out completely with your contact information so we can contact you for further needed information during our investigation. Incomplete referrals will be returned.
Investigator will follow up.
Once a referral is received by the Office of the Public Guardian, the Conservatorship Investigator will investigate all available alternatives to conservatorship and shall recommend the establishment of the conservatorship only if no suitable alternatives are available. This is in accordance with California Welfare and Institution Code Section 5354-5356.
Public Guardian will serve as conservator if needed.
The Office of the Public Guardian will serve as the court-appointed conservator only when all other viable options have been exhausted. In the order of preference as guided by the court, the Office of the Public Guardian is considered the last resort for appointment.
Who is eligible?
The Office of the Public Guardian is responsible for providing the financial management and property control and/or for the personal care needs of the adult disabled and the elderly.
Any adult San Luis Obispo County resident who is substantially unable to care for themselves (as described in the three criteria above) may be eligible for this service. The Office of the Public Guardian will investigate each case and determine if a person is eligible.
Is there a charge for this service?
The charges for conservatorship services vary based on the size of the estate. This is according to the Office of the Public Guardian sliding fee schedule that is filed with the San Luis Obispo Superior Court.
When and where is this service offered?
This service is available throughout the year during regular business hours except during scheduled holidays.
The service times and locations vary for each client.
Referrals may be faxed to 805-781-5566.
