FAQs • If someone is incapacitated, does he/she automaticall

If someone is incapacitated, does he/she automatically need a conservatorship?: Sometimes people without general capacity can still make decisions in their own best interest or have already designated someone to make decisions for them, such as a Power of Attorney. In some cases, family, medical providers, and other individuals may petition the court to make one-time decisions for incapacitated individuals. A conservatorship is often the last choice. A conservatorship through the Public Guardian’s office is explored only when all alternatives have been exhausted.

Public Guardian

1. Are Public Guardian Services Free?: No. The Public Guardian, as with most conservators, charges an hourly fee for service. Charges resulting from consultations and court appearances by County Counsel will be passed on to the conservatee as well.

2. Can conservatees own a gun or drive a car?: No, the right to own a firearm and drive a vehicle are removed when one is legally declared incompetent. Should a conservatee regain competence, he or she may be able to have these rights restored.

3. If someone is incapacitated, does he/she automatically need a conservatorship?: Sometimes people without general capacity can still make decisions in their own best interest or have already designated someone to make decisions for them, such as a Power of Attorney. In some cases, family, medical providers, and other individuals may petition the court to make one-time decisions for incapacitated individuals. A conservatorship is often the last choice. A conservatorship through the Public Guardian’s office is explored only when all alternatives have been exhausted.