Office of the Public Guardian

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Office of the Public Guardian

The Office of the Public Guardian acts as the court-appointed conservator of last resort for individuals who are unable to provide for their basic needs. We administer two types of conservatorship after appointment by the Superior Court of California: LPS (Lanterman, Petris, Short Act) conservatorship and probate conservatorship.

Our goal is to ensure all persons are treated with dignity and respect while providing quality and cost-effective services to the people of San Bernardino County.

About the Office of the Public GuardianAbout the Office of the Public Guardian
About LPS (Lanterman, Petris, Short Act) conservatorshipAbout LPS (Lanterman, Petris, Short Act) conservatorship
About probate conservatorshipAbout probate conservatorship
About the probate conservatorship referral processAbout the probate conservatorship referral process
Frequently Asked QuestionsFrequently Asked Questions

The Office of the Public Guardian arranges for custodial care and administers estates of gravely disabled or other incompetent persons by appointment of the court.

It serves as a guardian of conservatees’ property and financial assets and coordinates legal or social services on behalf of conservatees.

The Office of the Public Guardian may be appointed conservator of the Person, the Estate, or the Person and the Estate.

San Bernardino County Counsel provides legal advice to the Office of the Public Guardian.

Treat all persons with dignity and respect.
Set up systems to monitor costs of services rendered and quality control analysis.
Provide quality and cost-effective services to conservatees and trustees including, but not limited to:
- administration
- operations
- investigations
- guardianship
- conservatorship
Interface with stakeholders including, but not limited to:
- San Bernardino County departments
- San Bernardino County Medical Society
- San Bernardino County Bar Association
- Chambers of Commerce
- Civic organizations
- Community-based organizations
- Faith-based organizations
Nurture and develop an occupational environment, which will encourage staff to reach their fullest potential.
Facilitate placements, which are safe, clean, and efficient and reflect compassion to those served by this office.
Develop and implement information systems services and related technologies, to more efficiently serve the public, conservatees and trustees.

To qualify for this conservatorship an individual must be gravely disabled. Grave disability is defined as, unable to provide for his or her basic personal needs for food, clothing or shelter, as a result of a mental disorder.

The initial referral is submitted to, and the investigation is completed by, the San Bernardino County Department of Behavioral Health.

If need is determined, the conservatorship petition is filed with the Superior Court by Department of Behavioral Health staff.

To qualify for probate conservatorship, an individual must be unable to:

provide for his or her personal needs for physical health, food, clothing or shelter
manage his or her own financial resources or resist fraud or undue influence

The initial referral is submitted to, and investigation is completed by, the Office of the Public Guardian investigator.

If a need is determined, the conservatorship petition is filed with the Superior Court by Office of the Public Guardian staff.

An individual may also nominate the Office of the Public Guardian to act as a conservator on his or her behalf.

A referral for probate conservatorship investigation is a request asking the Office of the Public Guardian to investigate whether an individual needs a court-appointed conservator to manage their personal and financial affairs due to a lack of capacity to do so themselves.

A referral can be submitted by any concerned person, including, but not limited to a:

family member
friend
healthcare provider

The referral must include details about the individual’s condition, their inability to care for themselves, and potential concerns regarding their well-being and finances

A few things to consider before filling out the application:

Legal Criteria:
- The individual must be unable to properly provide food, clothing, shelter or physical health (conservatorship of the person), and/or substantially unable to manage financial resources or resist fraud, or undue influence (conservatorship of the estate).
- The individual’s incapacity must be measured and confirmed by the attending physician.
Guiding Mandates:
- A conservatorships is not an emergency response instrument. It may take 8 – 12 weeks from the beginning of an investigation to an actual court date.
- Legislation requires a public probate conservatorship be the last resort after all alternatives to such conservatorship be explored first.
- A public probate conservatorship may not be appropriate as a preventative measure.
- Generally, an individual must meet the legal criteria at the time the referral is made.

Submit a complete probate referral packet and Capacity Declaration form GC 335 to:

Office of the Public Guardian
Attn: Probate Investigations Unit
686 E. Mill St.
San Bernardino, CA 92415-0646

Public Guardian FAQs

How do I contact the Office of the Public Guardian?

If you have any questions or concerns, please call (909) 798-8500, Monday through Friday, 8:00 a.m. to 5:00 p.m.

Why won’t the facility where my family member lives release information to me when the family member is under public Probate or LPS conservatorship?

All information at the facility is considered confidential and there are several laws and regulations which prohibit release of specific information. Facilities are unable to release any information without the consent of the Public Guardian’s office. Family members should contact the assigned Deputy Public Guardian directly.

Can I make decisions as to where my family member lives while family member is under public conservatorship?

You are allowed to give your opinion; however, the final decision for placement comes from the Public Guardian’s office.

Is my family member allowed to stay at home under a public Probate conservatorship, and if so, who will care for him/her?

Yes, if finances allow, a part-time care provider is hired for a few hours a week to buy groceries and personal items, to take family member to doctor, dentist, podiatry, and any other medical appointments, to clean residence with light housekeeping services, etc. If finances are low, an application is submitted to IHSS program for a part-time care provider in order to keep the family member in their home as long as possible. This is a voluntary program. LPS conservatees cannot remain in their own home as treatment for mental illness is typically provided in a facility.

Is this conservatorship effective in other states?

No, CA conservatorships are effective only in the state of CA.

Is there an age limit to qualify for a conservatorship?

Yes, all Probate and LPS conservatorships are for adults only; i.e. at least 18 years old.

Is a public conservatorship needed when I have a Power of Attorney?

No if your Power of Attorney gives you the power to consent for medical/health issues as well as financial issues. The Power of Attorney will have to specifically give you these powers. The family member must agree to you having these powers before the family member becomes incapacitated (unable to give consent).

What kind of properties do you sell?

The Office of the Public Guardian may sell any asset found in the personal possession of a decedent or conservatee, subject to court approval. This may include real property, both improved and unimproved, mobile homes, automobiles, jewelry, miscellaneous household furnishings and personal effects, boats, trust deeds, etc.

What determines the sales price of personal or real property?

The majority of estate assets are appraised by the court-appointed Probate Referee of the State of California. The appraised value then becomes the “asking price.” Interested persons may then submit bids, with the Public Guardian-Conservator looking for the highest and best bid within court guidelines under the Probate Code, which states we may accept nothing less than 90% of the current appraised value.

What is the bidding process?

All sales are conducted as a sealed-bid auction. Personal property is open for bids for a two-week period. Real property is open for bids for a four-week period. Both are subject to the discretion of the Public Guardian-Conservator’s Office. Bid forms may be obtained at the Public Guardian-Conservator’s Office, by mail or by phone request. Any bid submitted on property appraised at over $1,500.00 must be accompanied by a 10% deposit in the form of a cashier’s check or money order which is held and returned if yours is not the successful bid. All bids must be in the Public Guardian-Conservator’s Office and time-stamped prior to 5:00 p.m. of the established bid closing date. No bid received after 5:00 p.m. of the bid closing date will be considered. All bids are kept confidential. No information will be released specific to any bid or regarding the number of bids received. We accept Cashier’s Checks and Money Orders ONLY for payment of property purchased.

How do I get to see personal property for sale?

Almost all personal properties are stored at the Public Guardian-Conservator Warehouse. Personal properties, including automobiles, are available for viewing by appointment only. To make an appointment, contact the Warehouse at (909) 387-2510. Real properties are also available for viewing by appointment only during regular business hours. To make an appointment, contact the Public Guardian-Conservator’s Office at (909) 798-8500. No one other than a Public Guardian-Conservator staff member or representative may show the properties.

Can I bid at the Court Hearing?

Any sale set for regular hearing to seek confirmation will be opened to bidding at that hearing. To make an “overbid,” the bidder must appear in Court either in person or by personal representative. The Court will ask the bidder to identify himself or herself and once the required overbid is met, set the increments for continued overbidding. The first required overbid amount is determined by the formula found in the Probate Code as follows: The amount of accepted high bid plus 10% of the first ten thousand and 5% of anything over ten thousand.

Can Public Guardian-Conservator staff buy from the estates?

No staff member may buy directly or indirectly from any Public Guardian-Conservator estate. Such activity is subject to substantial financial penalties and potential prison terms.