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.

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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, 5250, etc.), they must meet one of the following criteria:

• The person is "gravely disabled," which means that due to a mental health disorder, severe substance use disorder, or co-occurring disorder (both mental health and substance use combined), they cannot provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.

OR

• The person currently is a danger to themselves or to others.

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 deciding whether to extend a hold beyond 72 hours, families absolutely can and should provide the facilities with relevant information regarding their loved ones.

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LPS Conservatorship Criteria:

For an individual to qualify for an LPS Conservatorship (mental health conservatorship), they must meet the following criteria:

• The person is "gravely disabled," which means that due to a mental health disorder, severe substance use disorder, or co-occurring disorder (both mental health and substance use combined), they cannot provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.

LPS Conservatorships (mental health conservatorships) must be initiated by a designated public agency or court order (rarely) and cannot be started by private individuals, including family members or friends.

The process typically begins when an individual under involuntary psychiatric detention at a designated facility is referred to a public agency (such as the Public Guardian's Office or Public Conservator's Office), which then conducts a conservatorship investigation.

If the court grants an LPS Conservatorship, qualified family members and friends may request to serve as conservators. Since LPS Conservatorships expire annually unless renewed, conservators must file a Reappointment Petition before expiration to continue the conservatorship.

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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.