A quick and easy guide to help answer your questions regarding Conservatorship.
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Probate Conservatorship
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Lanterman Petris Short (LPS) Conservatorship
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What is conservatorship?
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A legal procedure enabling a person, the conservator, to authorize care, affix residence, and exercise reasonable control over a person, the conservatee, who is determined by the Court unable to manage his/her own affairs.
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A legal procedure enabling a person, the conservator, to authorize psychiatric care and treatment to a person, the conservatee, found by the Court to be gravely disabled due to mental illness and is refusing voluntary psychiatric treatment.
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Who can be referred?
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Anyone who is unable to provide for his/her own care and maintenance in a responsible manner.
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Any gravely disabled adult who is unable to provide his/her food, clothing, or shelter due to mental illness and refuses psychiatric treatment voluntarily.
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How does a person become conserved?
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A petition is filed with the Superior Court explaining the problem and why the appointment is necessary. The Court appoints a Court Investigator to determine the facts and appropriateness of such an appointment as well as advise the proposed conservatee of his/her rights. A Court hearing is held and the Judge make a determination.
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Referrals may be made only by professional persons in charge of certain psychiatric facilities designated by the Board of Supervisors. Referrals are investigated by the L.P.S Intake Unit. At the end of the investigation a report is prepared for the Superior Court which discusses the proposed conservatee's grave disability and unwillingness to accept voluntary psychiatric treatment. A Court hearing is held with the proposed conservatee being represented by the Public Defender and the Judge makes a determination.
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How soon can someone be appointed conservator?
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As quickly as an attorney can act.
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The temporary conservator can be appointed immediately. A County agency is always appointed temporary conservator first and serves for 30-45 days. Then, a permanent conservator may be appointed.
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Who can act as permanent conservator?
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Anyone the Court appoints.
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Anyone the Court appoints.
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What is the role of a conservator?
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To help the conservatee receive proper care as well as food, clothing, and shelter.
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To authorize mental health treatment for the conservatee as well as insure his/her food, clothing, and shelter needs are met.
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How long does a permanent conservatorship last?
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Until a petition is filed to terminate it.
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It automatically terminates one year after the Court appointment, or sooner, if the conservatee is no longer gravely disabled.
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Can psychiatric care be authorized?
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No.
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Yes.
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Can medical care be authorized?
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Yes, with limitations.
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No, Court approval is needed.
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