The Public Guardian program serves older adults and adults with physical or mental disabilities who lack capacity to provide for their needs. The Public Guardian may be appointed for clients without alternative, appropriate conservators. Deputy Public Guardians (DPGs) arrange health care, housing, meals, transportation, personal care, and recreation for conservatees. DPGs also gather and manage client assets, apply for public benefits, and collect and pay bills. There are two types of conservatorships: probate and LPS, discussed below. The Public Guardian serves both probate and LPS conservatees, but the legal standards for the conservatorships and the populations served are different.

Conservatorship is a lengthy legal process and is not intended for immediate emergency intervention. IF THERE IS AN IMMEDIATE CONCERN REGARDING AN ELDER OR DEPENDENT ADULT, please contact the Adult Protective Services office at 1-844-868-0938 (24 hour hotline).

Probate Conservatorship

Probate conservatorships may be established by the Superior Court for adults who are unable to provide properly for their physical health, food, clothing, or shelter, or manage their own finances or resist fraud or undue influence. Conservatorships may only be used when they are the least restrictive alternative to protect a client (i.e., a power of attorney, advanced health care directive, trust, or other legal instruments and assistance are unavailable or insufficient to protect the client).

Probate conservatorships are often used for older adults with significant deficits in their mental functioning (most frequently for clients with dementia or Alzheimer’s) or for adults of any age with significant developmental disabilities (limited conservatorships).

When a conservatorship is necessary but there is no appropriate private party to serve as conservator, the court may appoint the San Mateo County Public Guardian to serve as the conservator of the person and/or estate of a client. The Public Guardian program charges for its services based on clients’ ability to pay. Fees must be approved by the court.

If an individual has no alternative decisionmaker and you would like to refer that person to the Public Guardian for probate conservatorship process, the following requirements must apply to the person referred:

• Age 18+
• San Mateo County resident
• Main medical diagnosis is a neurocognitive disorder

For more information, call 1-844-868-0938.

LPS Conservatorship

This type of conservatorship is named for the three Assemblymen who sponsored the original bill – Lanterman, Petris and Short. 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 health disorder.  If a person needs LPS conservatorship, the treating psychiatrist makes a referral to an investigator in Mental Health Services. For details of the LPS process click here.

Private Probate Conservatorship

Family members and friends may serve as conservators. For more information on how to become a private conservator, go to our County of San Mateo Superior Court website by clicking here.