Public Guardian Cases

If it is discovered that the applicant is under conservatorship, the conservator must be contacted to inform them that the client has attempted to apply.

General Information

The Public Administrator/Guardian/Conservator office makes applications for MC (and possibly GA) for persons who have been “conserved” by the county court system.

The court names the Public Guardian as the “guardian” or conservator of these clients because they are unable to conduct their own legal affairs.

The Public Guardian's office is located at:

333 W. Julian St. - 4th Floor
San Jose, CA 95110
Phone: (408) 755 - 7610

Mailing Address:

P.O. Box 760
San Jose, CA 95106

EW Procedures

  1. The EW determines eligibility from the information contained in the packet and from verifications supplied by PAG/C. A face to face interview is not required. The application is held in pending status until all verifications are received. For RDs, completed forms must be returned by the end of the indicated redetermination month, or eligibility will be discontinued.
  2. Completion of the “Responsibilities of Public Guardian/Conservators or Applicant/Beneficiary Representative” (DHCS 7068) form is required when an applicant has a public guardian, conservator or a representative acting on his/her behalf, due to the incompetence of the client.
  3. Eligibility Reminders:
    1. The county of residence for application procedures is the county where conservatorship is assigned by the court.
    2. Property owned by the applicant or client is treated or counted the same as for any other applicant or client.
    3. Parental responsibility is not considered when a conservatorship exists.
  4. All required informational notices must be sent to each Public Guardian to keep them informed of their reporting responsibilities, changes and additional information about MC eligibility.
  5. When the client is determined to be eligible, the EW sets up the payee as “Public Guardian for (client's name)”.

Referrals to Public Guardian

The laws governing referrals to the Public Guardian's Office are very complex and require a number of forms to be completed. A “Capacity Declaration” from a medical doctor or psychiatrist declaring the person to be in need of a conservator and a request for a court hearing to determine capacity is required. Due to the complexity of the referral process, the social workers at the hospitals initiate these referrals. EWs do not refer individuals to the Public Guardian's Office for conservatorship.

When there is a valid reason to believe a client is being abused or neglected, the EW must complete an “Adult Protective Services” (APS) referral.

Guardian and Conservator Fees

Fees paid to a court-appointed guardian or conservator are allowable deductions from unearned income when computing the SOC of an aged, blind, or disabled medically needy individual if certain conditions are met.

Note: Paper verification of fees is required before allowing deductions. Refer to MN/MI and Non-MAGI MC MFBU

Related Topics

HIPAA/PII

Children's Health Care Initiative

Express Enrollment for Children in the National School Lunch Program