Public Guardian’s Role Purely Objective, Often Misunderstood

The recent, poignant front-page story about Patricia Ross (“Friend Fights to Control Woman’s Care,” July 8) was in many respects a well-researched and well-documented article.

However, I am concerned that it did not present readers with an accurate picture of the role of the Public Guardian in the situation. Because of legal constraints that require the Public Guardian to protect the confidentiality of information about any mentally ill conservatee, my staff could not provide the reporter with any specific information about the Patricia Ross matter. She was, therefore, dependent on information from court records and the family and friends of Mrs. Ross for most of the information contained in the article.

I am still unable to discuss the specifics of this case, but I believe readers will benefit from some information about the complexity of the Public Guardian’s responsibilities and mandates.

The Public Guardian is the only agency authorized by law in Orange County to investigate the need for a conservatorship that allows for an individual to be involuntarily treated for mental illness.

The Public Guardian, in conducting an investigation, must look into many aspects of the person’s life to make responsible recommendations to the court. The final report to Superior Court includes the results of the Public Guardian’s interviews with interested parties, two doctors’ (one of whom is a psychiatrist) opinions as to the grave disability, information about the person’s real and personal property and, finally, a recommendation as to the appropriate conservator.

Each year the Orange County Public Guardian receives approximately 500 referrals for investigation from designated facilities and agencies. The Public Guardian petitions for appointment in about one-third of these cases. The Public Guardian is the agency appointed by the Superior Court when no other alternatives are considered appropriate or available. The Public Guardian provides the reliable safety net for individuals and families when the court must make difficult decisions as in the Patricia Ross case.

There is a legal process that is followed in all conservatorship cases. The Public Guardian is only one of the players presenting the facts to the court for consideration. The conservatee is represented by legal counsel, as is the Public Guardian. Any individual who contests the recommendation of the Public Guardian may also be represented by legal counsel. The decision as to who shall serve as conservator of the proposed conservatee rests with the Superior Court judge who hears the case. The Public Guardian does not, nor cannot, arbitrarily decide who will be named as conservator.

The Orange County Public Guardian’s staff is composed of individuals who care deeply about the welfare of the conservatees we serve. We make every effort to objectively assess each referral and to make the most responsible recommendation possible to the Superior Court. I can assure you that the Public Guardian has no interest in upsetting trust plans that are beneficial to any conservatee.

WILLIAM A. BAKER

Orange County Public Administrator/

Guardian

Conservatory investigator