Probate Conservatorship

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The function of the office of the Public Guardian is to act as the court-appointed Probate Conservator for the person and/or estate of a Kings County resident who is substantially unable to:

  • Manage their financial resources,
  • Resist fraud or undue influence,
  • Properly provide for their 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.

 

How is it started?

To submit a Public Guardian referral, please contact the Public Guardian to receive a referral packet. Referral packets must be filled out completely. Incomplete referrals will be returned.

Investigator will follow up.

Once a referral is received by the Office of the Public Guardian, a Conservatorship Investigator will investigate all available alternatives to conservatorship and shall recommend the establishment of the conservatorship only if no suitable alternatives are available.

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.

Duration.

A probate conservatorship is indefinite; however, the conservatee or conservator may petition the court for termination at any time.

Who can use this service?

Any adult Kings County resident who is substantially unable to care for themselves (as described in the 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.