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Lanterman Petris Short (LPS) Conservatorship
What is LPS* Conservatorship?
LPS Conservatorship is a process in which the court appoints a person to make certain legal decisions for you. This person is called a conservator.
Your conservator can make decisions like whether you can start or stop taking psychiatric medications, accept other medical treatment, manage your
money and decide where to live. When you are on conservatorship, the court may limit your right to vote, to enter into contracts, to drive or to own a
firearm. The LPS conservatorship can last for a maximum of one year at a time, and can be renewed in court at the end of the year.
When would I be put on conservatorship?
You can be put on a conservatorship if the court believes that you are "gravely disabled" which means having a mental disorder that keeps you
from being able to provide food, clothing and shelter for yourself.
How does conservatorship get started?
Conservatorship is usually set up while you are in a hospital receiving psychiatric
treatment. If your doctor of person responsible for your care believes that you need to be put on conservatorship because you have a
mental disorder that keeps you from being able to provide food, clothing and shelter
for yourself, he or she may make a recommendation to the person in the county who does conservatorship investigations. It is up to the investigator
to decide whether or not to request the court to start a conservatorship.
Not everybody that meets the definition of "gravely disabled" is automatically put on conservatorship. You must be given a copy of the
petition if one is filed, and told the time of the conservatorship hearing in court.
Here are some things you can do to not be put on conservatorship:
It is important that you have a place to stay, and a way of getting food and clothes to stay off conservatorship. You don't have to own your own
home or have your own apartment to prove you have a place to live. Even if another
person, such as a friend or relative, is willing to give you a place to stay, this can help you beat the conservatorship. Some people even find that
good use of community resources such as food closets and community shelters can help them stay off conservatorship. If you have a good doctor or
therapist in the community, it may be helpful to get them to testify for you on your
behalf. Discuss with your lawyer the possibility of having the court appoint an independent psychiatrist separate from the hospital to evaluate you
and to give another opinion as to whether you really need conservatorship.
What are my rights to challenge being put on conservatorship?
You have the right to:
 | Free legal representation - The court will appoint an attorney to represent you free of charge if
you cannot afford to hire your own lawyer. You and your lawyer also have the
right to "subpoena" witnesses, which means requiring people who might have something helpful to say to come to court and testify for you.
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| Jury trial - Most conservatorships begin with a hearing before a judge. However, if
you want your case to be decided by a jury, you have that right. The law even
gives you the right to have a hearing, and if you lose, then a jury trial. This jury trial is not automatic. You must request the jury trial
within five days after the hearing. Discuss this with your lawyer.
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| Proof beyond reasonable doubt - This is the highest standard of proof the law has. It is the same
standard of proof applied in criminal cases. |
How should I prepare myself for court?
Dress as neatly as possible. Even if you disagree and feel angry about what might be said about you in court, it is important to remain calm. Be
ready to explain in court how you will be able to take care of your basic needs,
including having food, clothes and a place to live. If you know someone who will testify on your behalf, especially by helping you with food,
clothing and a place to stay, try to make sure they will show up in court for your
hearing.
If I am put on conservatorship, who may act as my conservator?
Your conservator can be a friend or a family member. You may nominate who you would like to be your conservator, although the judge decides who to
pick. If the court finds no other person or agency able to serve as your conservator,
the court will appoint your county public guardian as your conservator.
What is temporary conservatorship?
If you are in the hospital, and are on a 14-day hold, at the end of the
hold, you may be put on a temporary conservatorship for 30 days. To put you on temporary conservatorship, the court must believe that you are "gravely
disabled," and may restrict some of your rights, like the right to
refuse medications, to choose a place to live, etc. You are supposed to
receive notice before the temporary conservatorship is established, but often people
don't learn they are on temporary conservatorship until after they have been put on it.
How can I challenge a temporary conservatorship?
If you know ahead of time that you are being considered for a temporary
conservatorship, you can try to demonstrate that you do not fit the definition of "gravely disabled." You can do this by showing that you
will be able to secure food, clothing and shelter. If possible, try to
demonstrate these things to your and/or social worker, so that they may decide not
to put you on conservatorship.
If I am put on a conservatorship, do I lose all my rights?
No. The law specifically states that if you are in the hospital under
conservatorship, you have the same rights as other people to wear your
own clothes, to make confidential phone calls, to receive unopened
correspondence, to have visitors daily, to have individual storage space, to keep reasonable amounts of your own money for canteen expenses, and
other rights. Your conservator does not have the power to restrict or limit these
rights in any way. You also have the right to be involved in your treatment plan, and in placement decisions. If you feel you have been forced to
live in a place that is too restrictive for your needs, or in the conservator has
been given too much power over your life, you can ask for a special hearing in court to review these things.
How do I get off conservatorship?
| Rehearing: Even if you lose your conservatorship hearing or trial, there are
things you can do. First, you may apply for a "rehearing" to try to show the judge
that you are no longer "gravely disabled." However, once you have had one rehearing, you may not request another one for another six months.
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| Writ of habeas corpus: The United States Constitution allows anyone who believes they are
being held illegally by the government (including by a conservator) to file a
"writ of habeas corpus" to challenge the confinement. There is also a special
law in California that allows any state hospital patient to file a writ. Ask
your lawyer or advocate for assistance.
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| Challenge reestablishment: If you have been on conservatorship for a whole year, the county must
decide whether to drop the conservatorship, or as the court to "reestablish"
it. If the county decides to reestablish your conservatorship, you may challenge it
and ask for a trial again before a judge or a jury. |
Protecting myself
with a Psychiatric Advance Directive.
Psychiatric Advance Directives can protect your rights and
specify how you should be cared for in the event of a crisis. See
psychiatric
advanced directives for more information.
If you have any questions, contact your county Patients Rights
Advocate:
Office of Patients' Rights
100 Howe Avenue, Suite 240
Sacramento, CA 95825
(916) 575-1610
Toll free 1-800-254-5166
Protection & Advocacy, Inc. (PAI)
Toll free 1-800-776-5746
Central Office
100 Howe Avenue, Suite 185N
Sacramento, CA 95825
(916) 488-9950
Bay Area Office
433 Hegenberger Road, Suite 220
Oakland, CA 94621
(510) 430-8033
Los Angeles Office
3580 Wilshire Blvd., Suite 902
Los Angeles, CA 90010
(213) 427-8747
* LPS stands for Lanterman, Petris and Short, the three senators who passed California's mental health conservatorship laws.
PAI #5225.01 April 2000
NAMI-SCC draft of
letter to the Santa Cruz County Board of Supervisors asking for that they
provide legal assistance for setting up an LPS conservatorship for those with
insufficient funds to hire a private attorney.
Additional information on Conservatorships
An example of
conservatorship
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