A new law expands the definition of ‘grave disability’ and who will qualify for conservatorship.

Starting Jan. 1, 2026, the Public Guardian, an office under the Monterey County Health Department, will use the expanded definition of “gravely disabled” as referring to those unable to provide basic care and safety for themselves, because of chronic alcoholism or substance use disorder.

Senate Bill 43 amended the definition of “gravely disabled.” The previous language covers only those who, due to mental health disorders, are unable to provide food, shelter, clothing and safety for themselves.

The Public Guardian steps in to care for people who are deemed unable to care for themselves, including people who are held involuntarily in mental health care facilities. If a court ruling is granted, the Public Guardian takes over decision-making and financial assets of a person in conservatorship.

Chief Deputy Public Guardian Sarah Solano says, “With what’s happening with the government shutdown impacting people, we have the holidays around the corner, we absolutely see an uptick in referrals.”

The Public Guardian’s 17-person staff serves some 630 clients. Solano says the Public Guardian’s Office has hired additional staff “to absorb those potential effects that we may have from SB 43.”

During a public briefing on Nov. 5, Solano addressed the anticipated increase. “I am predicting we are going to see a huge increase of referrals because, unfortunately, there is a large homeless population who have a severe substance use disorder and who need help and will most likely need our services,” she said.

Referral to a CARE Court could be one option for these clients, Solano says. CARE Court refers to the Community, Assistance, Recovery and Empowerment Program which includes civil court proceedings “to connect individuals in crisis with treatment and supportive services.”

SB 43 was approved in 2023 but allowed counties to defer implementation to Jan. 1, 2026, to give them time to accommodate the increase in referrals.