LPS Conservatorships
Few decisions weigh on a family more than supporting a conservatorship over someone they love. It feels like a betrayal. Families who reach this point never wanted this and didn't arrive here quickly. They watched their loved one cycle through repeated hospitalizations, refuse medications, miss appointments, disappear for days or weeks, get arrested. They heard the same answer again and again: we can't do anything more unless your loved one agrees to help.
An LPS conservatorship may offer a path forward when all voluntary efforts at treatment and less restrictive interventions have failed. We help families pursue this option when the legal criteria are met and it represents the best chance at getting their loved one the sustained treatment they need.
What an LPS Conservatorship Is
An LPS Conservatorship, often called a mental health conservatorship, is established when a court finds that a person is "gravely disabled." Under California law, a person is gravely disabled when, because of a mental health disorder, a severe substance use disorder, or both, they cannot provide for their basic needs for food, clothing, shelter, personal safety, or necessary medical care. "Personal safety" means the ability to survive safely in the community without involuntary detention or treatment. "Necessary medical care" means care needed to prevent serious deterioration of an existing physical condition that would otherwise likely result in serious bodily injury.
The process usually begins while a person is on a psychiatric hold. A designated public agency, typically the Public Guardian or Public Conservator, investigates and decides whether to petition for a conservatorship. Family members and other private individuals cannot file an LPS petition themselves.
If the court grants a conservatorship, a qualified family member, friend, or private professional may ask to serve as conservator. LPS conservatorships expire after one year unless the court grants reappointment, so a reappointment petition must be filed before the expiration date.
How LPS Differs From a Probate Conservatorship
LPS conservatorships rest on grave disability caused by a qualifying mental health or substance use disorder. Typically, only designated public agencies can initiate them. They expire annually and may carry authority over psychiatric treatment, medication, and locked or unlocked placement.
Probate conservatorships can be started by family members and other private parties. They are typically used when someone cannot manage personal care or finances because of advanced age, dementia, traumatic brain injury, cognitive disorders, or a developmental disability. A probate conservatorship does not expire each year — but it also lacks the authority that matters most in a psychiatric case. A probate conservator generally cannot consent to psychiatric medication over the conservatee's objection or place them in a locked psychiatric facility.
How We Help
We advise and advocate for families and friends seeking an LPS conservatorship for a loved one. Although the law limits a family's ability to appear directly in proceedings they did not initiate—it does not silence them. We make sure they are heard.
The people evaluating a conservatorship rarely see the full picture. A single hospitalization, a brief interview, or a chart from one facility cannot show what a family has watched unfold over months or years.
We help our clients document that history in a way decision-makers can use: the treatments that failed and the interventions that didn't hold; the pattern of stabilizing on medication and decompensating once it stops; the inability to recognize the illness itself; and what actually happened after each release—missed follow-up appointments, untreated medical conditions, evictions, homelessness, arrests, victimization, or the family's own inability to keep their loved one safe at home. We then help get that record in front of those making decisions.
Timing and Availability
LPS matters often begin on a hold's short clock and continue through annual reappointments; the earlier we are involved, the more we can do. We accept representation only after a legal consultation in which we assess the circumstances, determine whether we can help, and confirm our availability.
This page provides general information, not legal advice. Laws, court procedures, eligibility rules, and available services change, and legal options depend on current law and the circumstances of each case.
-
Before a conservatorship referral. We provide guidance and needed advocacy regarding involuntary detentions, medication hearings, writ proceedings, and related matters.
-
The investigation and hearings. We help clients prepare for the conservatorship investigation: what to expect when the investigator makes contact, and which facts and records are most useful to have ready. We also walk them through each stage of the hearings and identify how their information and concerns can properly be presented to the investigator, county counsel, and the court.
-
Serving as conservator. Some family members want to serve as conservator themselves; others prefer that the Public Guardian remain in that role. We help clients understand what the position actually requires—placement decisions, treatment consent, court reporting, and annual renewal—so they can decide whether to seek appointment, and we help those who do pursue it.
- Treatment and placement concerns. Families and treatment teams do not always agree on medication, level of care, or whether a locked or unlocked setting is appropriate. We help clients raise these concerns constructively with the facility and any involved agencies, work toward resolution where possible, and advocate in court when that becomes necessary.
- Annual reappointment. We assist with reappointment proceedings, including preparation, filing requirements, working with forensics, hearings, and deadlines.
- Communication. We work with facilities, treating professionals, investigators, and county agencies to communicate our client’s concerns, clarify options, and address obstacles to care.
We're Here to Help
Whether you are considering an LPS referral, dealing with an ongoing investigation, preparing for a hearing, or facing a reappointment proceeding, reach out to Blumen & Tauro, Treatment Law℠. We'll listen and tell you whether we can help.