LPS (Mental Health) Conservatorships & related LPS matters

We represent and advise families and individuals regarding LPS Conservatorships and related LPS matters, such as involuntary detentions, forced medications, court-ordered medical procedures, and various locked and unlocked placements.

LPS Conservatorships are commonly called Mental Health Conservatorships. In California, an LPS Conservatorship typically begins after an individual is placed on a 72-hour involuntary mental health detention (5150) at a designated facility.

Involuntary Mental Health Detention Criteria:

For an individual to qualify for an involuntary mental health detention (5150), they must meet one of the following criteria:

• The person has a mental disorder that is so severe it prevents them from presently caring for their own basic needs (called gravely disabled)
• OR the mental disorder causes them to be a danger to themselves or others, this is the required criteria for an involuntary mental health hold and may ultimately result in an LPS Conservatorship.

Most individuals are released on or before the 72-hour period expires. However, if the patient does not significantly improve, the facility doctors may certify that the patient meets criteria for longer detentions.

Although frequently facilities do not consult the patient’s family in decending whether to extend a hold beyond 72 hours, families absolutely can and should provide the facilities with relevant information regarding their loved ones.

During an extended involuntary hold, the facility may determine that the patient meets criteria to make a referral for a conservatorship evaluation to a designated public agency, such as the Public Guardian’s Office in Orange County. The Public Guardian will investigate and, if a conservatorship is deemed warranted, the Public Guardian will file a Petition seeking a Conservatorship.

In California, only a designated public agency can file an initial Petition seeking an LPS Conservatorship.

If an LPS Conservatorship is granted by the court, suitable family and friends may request to become the Conservators. Since an LPS Conservatorship expires annually unless renewed, if the Conservator wants to continue the Conservatorship, they must timely file what is called a Reappointment Petition.

Our firm can assist you in these matters.

Our role is to be a voice for our clients throughout this process, and help them be heard at the facility, with doctors and staff, with the investigating agency, and, in the court process. We also represent and litigate LPS matters on behalf of our clients in court, to the extent permitted by law.