Conservatorships for mentally ill adults in California
Sometimes, adults with mental illnesses need someone to make decisions for them. Here’s what you need to know about a LPS (mental health) conservatorship in California.
An LPS conservatorship is a type of conservatorship designed for adults with serious mental health illnesses that require special care, such as restrictive living arrangements. An LPS conservatorship must be started by a government agency and only lasts for one year, but they may be renewed. This type of conservatorship may only be granted if the proposed conservatee is gravely disabled and cannot or will not accept treatment.
What are conservatorships?
In California, conservatorships are court cases in which judges assign a person or organization to care for an adult that is unable to care for themselves. There are different types of conservatorships, but they all involve a person or organization taking care of another adult that is impaired to the point of being unable to care for themselves or manage their finances.
The most common type of conservatorship is known as a “probate” conservatorship, which means it is governed by the California Probate Code. A general probate conservatorship is used for severely impaired adults, such as elderly people or young people who have been in serious car accidents.
Related: How to Get Guardianship of an Elder in California
A limited probate conservatorship is used for adults with developmental disabilities who are unable to fully take care of themselves but are less in need of assistance than those who require general conservatorships. The other type of conservatorship is the LPS conservatorship, which is less common and more severe.
Related: Conservatorship in California: The Basics
LPS conservatorship basics
An LPS (Lanterman-Petris-Short) conservatorship is a type of conservatorship that gives a responsible adult the power to make certain decisions for a gravely mentally ill adult. This type of conservatorship may only be used if the proposed conservatee requires special care, such as restrictive living scenarios or extensive medical interventions, and cannot or will not accept this care. There are many potential illnesses that may result in an LPS conservatorship, including:
- Schizophrenia
- Obsessive-Compulsive Disorder
- Bipolar Disorder
- Severe clinical depression
In order to be eligible for an LPS conservatorship, the adult must have a serious mental illness listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM). As such, an LPS conservatorship may not be used if the adult is impaired as a result of an accident or developmental disorder unless they are also exhibiting a mental illness listed in the DSM.
LPS conservatorships last for one year, but the conservator will be able to petition for renewal. About 90 days before the conservatorship expires, the conservator will be mailed a notice of expiration from the Probate Court Clerk’s Office, and will also receive a notice from the court itself. If they do not decide to renew, then the conservatorship will end, and the conservatee will be able to make their own decisions again.
Additionally, LPS conservatorships may only be started by a local government agency. This means that a given person cannot petition in court to begin an LPS conservatorship. Rather, they must contact their local Public Guardian or Public Conservator.
The powers of the conservator in an LPS conservatorship
Because conservatees in LPS conservatorships are presumably dangers to themselves and potentially others, the conservator has significant powers over the conservatee to ensure the safety of all involved. The court can give the conservator the power to manage the finances of the conservatee in addition to protecting them and caring for them. The conservator may also give consent to medical treatment (such as the use of psychotropic drugs) on behalf of the conservatee regardless of whether or not the conservatee consents.
The conservator may also commit the conservatee to a locked facility if a psychiatrist agrees that it is necessary, regardless of whether or not the conservatee consents. While committing a conservatee to a locked facility is not a necessary part of an LPS conservatorship, it is common to do so because these conservatorships are usually sought after once a person’s symptoms become so severe that placing them in a locked care facility may be necessary for their safety.
If you have any questions about establishing an LPS conservatorship, contact Her Lawyer to be put in touch with an attorney who specializes in this area.
FAQs about LPS conservatorships in California
What are conservatorships?
Conservatorships are court cases in which a person or organization is designated to take care of another adult because they are unable to take care of themselves.
What is an LPS conservatorship?
An LPS conservatorship is a specific type of conservatorship designed for adults with severe mental illnesses. The conservator may make important decisions for the conservatee, such as committing them to a locked facility or agreeing to medical treatment.
What is the difference between a normal conservatorship and an LPS conservatorship?
Probate conservatorships are designed for impaired or developmentally disabled adults and can allow for the conservator to take care of the adult as well as manage their finances. LPS conservatorships are designed specifically for people with severe mental illnesses, such as schizophrenia, and allow the conservator to agree to medical treatment for the conservatee as well as to commit them to a locked facility.
How do I start an LPS conservatorship?
Contact your local Public Guardian or Public Conservator.
What should I do if I can’t establish an LPS conservatorship but the person is still a danger to themselves?
Try to convince the adult to go to a psychiatric facility, or, in the case of an emergency, call 911.
Contact Us
If you have any more questions about a LPS (mental health) conservatorship in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our Conservatorship Attorneys today!