A Mental Health Specific Tool for Grave Disability
LPS conservatorship is named after the 1967 Lanterman-Petris-Short Act, codified at California Welfare and Institutions Code section 5000 and following. It is a specialized conservatorship reserved for adults with a serious mental disorder, including schizophrenia, schizoaffective disorder, bipolar disorder with psychotic features, and other psychiatric conditions that meet the statutory criteria. The conservator can be authorized to place the conservatee in a locked psychiatric facility, consent to psychotropic medication, and arrange treatment that the conservatee would otherwise refuse.
The standard a court must find is "grave disability," meaning the conservatee, as a result of a mental health disorder or impairment by chronic alcoholism, is unable to provide for their basic personal needs of food, clothing, or shelter. Effective January 2024, Senate Bill 43 expanded the definition to include severe substance use disorder and inability to attend to personal safety or necessary medical care.
Unlike every other type of conservatorship in California, an LPS conservatorship cannot be initiated by a family member. Only a designated county mental health professional, typically the public conservator's office or a treating psychiatrist at a designated facility, can recommend an LPS petition. Families can advocate for the referral, document grave disability, and retain private counsel to participate, but the door opens from inside the mental health system.
Grave Disability Evaluation
We review the conservatee's recent hospitalizations, 5150 holds, 5250 certifications, and treatment history to determine whether grave disability can be proven by clear and convincing evidence at trial.
Annual Renewal Hearings
LPS conservatorships expire after one year and must be renewed through a fresh petition. We prepare the renewal, address whether grave disability still exists, and represent the conservator at the contested hearing if needed.
Treatment Planning Advocacy
We help conservators secure specific powers such as locked placement authority, the right to consent to antipsychotic medication, and the authority to make decisions about discharge planning and step down to less restrictive housing.
Transition to Probate Conservatorship
When mental health stabilizes but cognitive or functional impairment remains, an LPS conservatorship can be terminated and replaced by a general probate conservatorship that better fits the conservatee's long term needs.
How LPS Differs from a Probate Conservatorship
The differences are substantive, not cosmetic. Choosing the wrong path can mean months of lost time, denied care, and a hearing dismissed for lack of jurisdiction.
- Initiation. LPS petitions can only be initiated by a county mental health professional. Probate conservatorships can be initiated by any interested party, typically a spouse, adult child, parent, or sibling.
- Standard. LPS requires grave disability proven by clear and convincing evidence. Probate requires substantial inability to provide for personal needs or manage financial resources.
- Duration. LPS conservatorships last 1 year and must be renewed each year through a fresh petition. Probate conservatorships continue until terminated by the court.
- Treatment authority. LPS can authorize involuntary placement in a locked psychiatric facility and involuntary administration of psychotropic medication. Probate generally cannot.
- Counsel. The proposed LPS conservatee always receives a court appointed Public Defender. The proposed probate conservatee may receive court appointed counsel only on request or court discretion.
Public Conservator vs Private LPS Conservator
In most LPS cases, the Los Angeles County Office of the Public Conservator is appointed as conservator. However, the law permits a family member or other private individual to serve as LPS conservator if the court finds it is in the best interest of the conservatee. Private LPS conservators have more flexibility to advocate for specific treatment, placement, and discharge decisions, but they also assume meaningful legal responsibility and must complete the required training and accountings.
For families with a loved one in a Department of State Hospitals facility, or facing a Murphy Conservatorship after criminal incompetency findings, the choice of conservator can shape years of treatment.
Murphy Conservatorships and the Criminal Track
A Murphy Conservatorship is a specialized LPS conservatorship for individuals who have been charged with a felony involving death, great bodily harm, or a serious threat to physical wellbeing, but are found incompetent to stand trial and are unlikely to regain competency. Murphy Conservatorships have additional requirements and a higher level of scrutiny, and they can result in long term placement in a state hospital. If your family member is in the criminal justice system and facing competency proceedings, this is a distinct legal track that requires immediate attention.
The conservatee's rights in an LPS proceeding are extensive. They have the right to a jury trial, the right to be represented by court appointed counsel, the right to demand release, and the right to a writ of habeas corpus. The hearing is contested far more often than a probate conservatorship hearing, and the evidentiary burden on the petitioner is significantly higher. Skilled counsel matters.
The LPS Conservatorship Process
We work alongside the county, the treating facility, and the family throughout each phase.
5150 Hold and 5250 Certification
The process typically begins with a 72 hour involuntary psychiatric hold (5150). If the patient remains gravely disabled or a danger, a 14 day certification (5250) follows. These holds are the gateway to a conservatorship referral, and we help families document grave disability during this window.
Temporary Conservatorship Petition
The treating facility refers the case to the county. The Office of the Public Conservator or its designee files a petition for temporary conservatorship lasting up to 30 days. A temporary conservatorship can authorize continued placement while the permanent petition is prepared.
Permanent Petition and Investigation
The county files a petition for permanent (1 year) LPS conservatorship. A court appointed investigator interviews the proposed conservatee, the treating team, and family. The Public Defender is appointed to represent the proposed conservatee.
Court Hearing or Jury Trial
The proposed conservatee can demand a court trial or a jury trial. The petitioner must prove grave disability by clear and convincing evidence. If granted, the court issues an order specifying the powers and the placement authority (least restrictive setting, locked facility, or treatment specific).
Annual Renewal or Termination
The conservatorship automatically terminates after 1 year unless the county files a renewal petition. The conservatee can also petition for termination at any time and demand a hearing. As stabilization occurs, transition planning to a less restrictive setting or to a probate conservatorship becomes the focus.
Frequently Asked Questions
Common questions from families navigating an LPS conservatorship in Los Angeles County.
No. Only the county mental health professional designated for LPS referrals, typically through the public conservator's office or the treating facility, can initiate the petition. However, you can advocate for a referral by communicating clearly with the treating psychiatrist, documenting the grave disability, and providing the family history that supports a conservatorship recommendation. If the county declines, a probate conservatorship may be the alternative.
Grave disability is a legal standard, not a medical one. It means that as a result of a mental health disorder (and, since 2024, severe substance use disorder), the person cannot provide for their basic needs of food, clothing, or shelter. Recent appellate decisions also require attention to whether the person can access necessary medical care and remain safe. A diagnosis alone is not enough. Recent inability to function in the community is the touchstone.
Only if the court specifically grants that power and only after a separate Riese hearing on the conservatee's capacity to consent to antipsychotic medication. Even with conservatorship in place, involuntary medication is a separate, distinct authority that the court must independently grant. We address Riese capacity findings as part of the conservatorship strategy.
One year, exactly. Unlike a probate conservatorship that continues indefinitely, an LPS conservatorship automatically terminates at the 1 year mark unless the county files a renewal petition and proves continued grave disability. Many conservatorships are renewed multiple times for individuals with chronic, treatment resistant illness. Others terminate after a year when the person stabilizes on medication and re-enters supported living.
Often yes, on the family's side. The Office of the Public Conservator represents the county, not the family, and the Public Defender represents the conservatee. Families benefit from independent counsel to advocate for the right type of placement, the right treatment plan, family visitation, and eventual step down to lower levels of care. We also help families pursue private LPS conservatorship when that is the better fit.