The function of the Kings County Public Guardian is to act as the court appointed Murphy Conservator for those who have not regained competency to stand trial within the period allowed by law and who are determined to be dangerous.

Public Conservators are responsible for directing the mental health treatment and placement of their clients who are:

• Gravely disabled as the result of a mental disease and/or disorder, and
• Unable to provide for their basic personal needs for food, clothing or shelter, and/or
• Require placement in a state mental institution or other facility for psychiatric care.

A Murphy Conservatorship can be established for an individual who has been found mentally incompetent under section 1370 of the California Penal Code using the following criteria:

• The complaint, indictment, or information pending against the person at the time of the commitment charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person.
• There has been a finding of probably cause on a complaint pursuant to paragraph 20 of subdivision (a) of Section 1368.1 of the Penal Code, a preliminary examination pursuant to Section 859b of the penal Code, or a grand jury indictment, and the complaint indictment, or information has not been dismissed.
• As a result of a mental health disorder, the person is unable to understand the nature and purpose of the proceedings taken against him or her and to assist counsel in the conduct of their defense in a rational manner
• The person represents a substantial danger of physical harm to others by the reason of a mental disease, defect, or disorder.

 

How is it started?

Referrals for Murphy Conservatorship may be made only by the courts, through a process specified by law. The Office of the Public Guardian receives these referrals directly from the courts.

Public Guardian will serve as conservator if needed.

The Office of the Public Guardian will provide services through this conservatorship program for persons found to be gravely disabled.

Who can use this service?

The Office of the Public Guardian is responsible for providing and directing the mental health treatment and placement of clients who have been deemed gravely disabled due to a mental disease and/or disorder and qualify under a Murphy Conservatorship (section 1370), and are Kings County residents.