Posted On: November 14, 2006 by Scott Sagaria

In California, Public Guardian Dan Bruce Says Aging Population Need More Adult Protective Services And Social Services

At a meeting with the Board of Supervisors last month, Public Guardian Dan Bruce reported that his clients that are 65 years of age or older are in need of more social services and adult protective services.

AB1363 is the Omnibus Conservatorship Law that was signed recently by Governor Arnold Schwarzenegger. The law creates new mandates for public guardians, such as:

· A 48-hour response time for new referrals.
· Obligating the public guardian to take on certain cases that would have previously been accepted or rejected at the public guardian’s discretion.
· Requiring all public guardians to be certified through the public guardian’s association.

Bruce says that more funding is necessary to implement these new initiatives.


The Role of the Public Guardian:
A public guardian is responsible for conducting a county's investigation into conservatorship matters. If appointed, the public guardian acts as conservator for those found by the Superior Court to be unable to properly care for themselves or their finances.

Responsibilities of the Public Guardian:

1- To serve as guardian of the person or estate of an adult in our community who by reason of age, disease, or disability is unable to properly manage and take care of him or herself or his or her property and for whom no alternate guardian among family and friends can be identified.

2- To assist the Superior Court in proceedings for the appointment of a guardian of an adult and to supervise persons who have been appointed guardian of an adult.

3- To assist, advise, and guide persons who are seeking appointment or who have been appointed as guardian of an adult person.

4- To offer guidance and counsel while encouraging maximum self-reliance and independence of needful persons so they can avoid the need for appointment of a guardian where possible.

5- To develop programs of public education on guardianship as well as alternatives to guardianship. To support and encourage the development of private guardians.

The public guardian is named by a court as conservator to the people in a county who are physically or mentally disabled. These individuals cannot care for themselves without help. When such a person is brought to the attention of the public guardian, an investigation is made to determine whether friends or family are able and willing to act in the disabled person's best interests. If not, the public guardian petitions the court to be named conservator, and the disabled person becomes the conservatee.

Sagaria Law, P.C. can help you establish a conservatorship to insure your loved one and his or her property are cared for. Whether your loved one is cared for by a conservatorship or a public guardian, we can work with you to legally ensure that your loved one is looked after in a competent and professional manner. Our attorneys handle all estate-planning related matters in Santa Clara County, Monterey County, and Alameda County. Contact Sagaria Law, P.C. for a free consultation.

Aging Population Challenges Public Guardian, Lassencountytimes.com, November 3, 2006

Conservatorship, LA4Seniors.com

Office of The Public Guardian, Supreme Court of Guam

Yolo County Public Guardian


Related Web Resources:

California Conservatorship And Guardianship Reform Act of 2006, Consumer Action, March 2006

National Guardianship Association

Omnibus Conservatorship and Guardianship Reform Act of 2006

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