LPS Conservatorship
A Lanterman Petris Short (LPS) Conservatorship is the legal term used in California which gives one adult (conservator) the responsibility for overseeing the comprehensive medical treatment for an adult (conservatee) who has a serious mental illness.
What is LPS?
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LPS Conservatorship
This type of conservatorship is named for the three Assemblymen who sponsored the original bill – Lanterman, Petris and Short. LPS conservatorships are established to arrange mental health treatment and placement for people who are unable to provide for their food, clothing, shelter, and treatment needs, as a result of a mental disorder.
An LPS Conservatorship is a tool that gives the conservator the power to work with the doctor to achieve recovery treatment for a mentally ill individual beyond the standard of “stable.” It helps the conservator in guiding the treatment team to get your loved one’s life back as they knew it to be before they became ill. It is involuntary treatment, especially for those who have no insight into their illness and are non-compliant with treatment and medication. The patient cannot refuse medication, which is the essence of the LPS Conservatorship.
Types of LPS Conservatorships
LPS Conservatorship of the Person
LPS Conservatorship of the Estate
To qualify for the LPS Conservatorship, the person must be gravely disabled and have a serious mental illness. If there are no other alternatives to help them in the recovery of their impairment, LPS Conservatorship applies.
Who can be conserved?
Conservatorships are only granted by the court for adults with a mental disorder as listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM IV) and who are gravely disabled. Conservatorships are granted for people with:
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Schizophrenia
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Bi-Polar disorder (manic depression)
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Schizoaffective disorder
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Clinical depression
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Obsessive compulsive disorder
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Chronic alcoholism
Grave Disability
Gravely disabled means the mentally ill person cannot take care of his/her basic needs for food, clothing, and/or shelter.
With that said, state law states that if another person provides for their food, clothing or shelter, or if a person can get food or clothing from the shelters, then they are not considered gravely disabled. The fact that a mentally ill person lives on the streets does not mean that they are gravely disabled, either.
Why Conservatorship?
If a person with mental illness does not have insight into their illness, and they are not compliant with their medications, it is very wise to seek an LPS Conservatorship to keep them safe, out of the revolving doors for the hospitals, and out of jail — but especially to help them on their road to recovery.
Written Case for Mental Health Treatment
Help get the treatment needed for your love one
Your case should include a mental health history, their symptoms and characteristics which they exhibit, and describe their gravely disabled status. Your written case will help to acquire treatment including the LPS Conservatorship should this treatment be needed. A well-written case will help the doctor to better diagnose and treat your love one.
Process in seeking an LPS Conservatorship
1 / 5150 Hold
Person who exhibits harm to self or others is placed on a 72-hour hold (5150) by a qualified police officer, psychiatrist or mental health personnel. Usually someone will call either the police or the crises intervention team to initiate this process. To prevent the person from being harmful to others, the police will make sure the person is contained. The crisis intervention team evaluates the individual and makes a recommendation for the 72-hour hold.
2 / 5250 Hold
After the 72-hour hold in the hospital, the treating psychiatrist may initiate a 14-day hold, AKA a 5250 hold, to continue the treatment for stabilization. A 14-day hold must have a probable cause hearing within 4 working days of the hold. Often, families are not aware the probable cause hearing has taken place. This hearing allows the hospital to hold the patient for the 14 days. It does not mean the hospital will hold the patient for the full 14 days.
3 / LPS Conservatorship investigation
After the probable cause hearing, the doctor may request an LPS Conservatorship investigation from the public guardian’s office. The public guardian will review the application and may petition the court for a Temporary Conservatorship AKA T-Con. They will also set the date for the LPS Conservatorship court hearing. The person will be held in the hospital under the Temporary Conservatorship, AKA T-Con, until the LPS court hearing. The T-Con can hold the person in the hospital up to 30 days.
4 / Public Guardian Evaluation
The public guardian will visit and evaluate the patient and make a recommendation to the court to either proceed or dismiss the LPS Conservatorship case. It is important to contact the public guardian’s office and submit the written case of the history and symptoms. Also, be sure to give a copy of these papers to the treating psychiatrist as soon as the person is taken to the hospital. If you don’t know what hospital the person will be transported to, then you might give those papers to the crisis intervention team to deliver them to the hospital. You can contact DMH Family Advocate or Patient Advocate to locate your loved one if you do not know where they were transported.
5 / Estate Conservatorship Initiation
An estate conservatorship is initiated through the public guardian’s office and not through the psychiatrist. The family member may discuss the estate issues with the public guardian investigator. Or, the family conservator may request, if needed, the Estate LPS Conservatorship even after they are appointed as conservator of the person.
How long is an LPS Conservatorship granted?
An LPS Conservatorship is granted for one year term, but can be renewed for another year. It is important to pay attention to the requirement required for renewal from the court and mark that date on your calendar. Once the conservatorship is terminated, the process must begin from the beginning.
Officials during the Process
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Office of the County Counsel: they represent San Mateo County in all legal proceedings, including Public Guardian in establishing conservatorship
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Attorney: the mental health court utilizes a panel of private attorneys and draws from this panel to assign the conservator an attorney when needed. This attorney may be paid for by the court. A conservator may also choose to retain their own attorney.
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Public Defenders: they represents person to be conserved and not the family
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Public Guardian: they investigate LPS Conservatorship referrals and makes recommendations to the court
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District attorney: they represent the hospitals with involuntary treatment; also can be more involved in criminal matters
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Court: The court ensures fairness and compliance with the laws in all proceedings involving involuntary treatment and conservatorships
Responsibilities of the Conservatorship
Limitations for the Conservatee
Alternatives to Conservatorship
For Medical and Personal Care Decisions:
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Advance health care directive
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Court authorization for medical treatment
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Informal personal care arrangements
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Elder or dependent adult abuse restraining orders, (which include protection from financial abuse and neglect)
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For Financial Decisions:
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Power of attorney
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A substitute payee for public benefits (like veterans' benefits or social security benefits)
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Joint title on bank accounts or other property
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Living trusts (also called "inter vivos" trusts)
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Informal arrangements
