What is an LPS conservatorship, and how does it work?

A note before you start

This guide is general information for the United States, not legal, tax, financial or medical advice; "LPS conservatorship" itself is a California term. Each county's Public Guardian office runs the process a little differently, so confirm current steps with your county Public Guardian or superior court's probate self-help desk.

What is an LPS conservatorship?

An LPS conservatorship is a court-ordered arrangement, unique to California, that gives a conservator, usually the county Public Guardian, legal authority over an adult found "gravely disabled" because of a mental health disorder or a severe substance use disorder. It is named for the 1967 Lanterman-Petris-Short Act¹. Unlike most conservatorships, it can authorize involuntary psychiatric treatment and locked placement, so the law builds in extra hearings and the right to a jury trial⁸.

A probate conservatorship, more often used for an aging parent, can be requested by nearly any concerned adult and cannot authorize involuntary placement. An LPS conservatorship can only be requested by the county Public Guardian and follows a psychiatric hold rather than a family petition⁷. For an aging relative not in psychiatric crisis, a probate conservatorship or a power of attorney is usually the relevant path; see guardianship versus conservatorship.

Who qualifies: what does "gravely disabled" mean?

A person is gravely disabled if, 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 care². Someone impaired but able to survive safely with a willing family member's help does not meet the standard on that basis alone.

How the definition changed, and why the date matters

Senate Bill 43, signed in 2023, added personal safety and necessary medical care to a narrower food, clothing and shelter test, and extended the standard to severe substance use disorders. It took effect January 1, 2024, but let counties delay adopting it until January 1, 2026²,⁸. Every county must now apply the expanded standard, so an older, narrower description is out of date.

How does the LPS conservatorship process work, step by step?

It almost always starts with a psychiatric hold, not paperwork a family files.

1. 72-hour hold. A person believed gravely disabled because of a mental health disorder can be held for evaluation for up to 72 hours, a "5150" hold⁵.
2. 14-day certification. If a psychiatrist still finds the criteria met, the facility can certify up to 14 more days of treatment, with a review hearing and the right to legal representation⁵.
3. Referral to the Public Guardian. Near the end of the 14-day hold, if the treating psychiatrist and medical director still find the person gravely disabled and unwilling to accept voluntary treatment, they refer the case to the county Public Guardian³.
4. Temporary conservatorship, up to 30 days. The Public Guardian is appointed temporary conservator while it investigates the person's situation and looks for alternatives⁵.
5. Petition for a one-year conservatorship. If the investigation supports it, the Public Guardian petitions the court and recommends who should serve: itself, a relative, or a private professional conservator⁷.
6. Hearing, with the right to a jury trial. The proposed conservatee can demand a jury trial on grave disability; the jury must agree unanimously, beyond a reasonable doubt⁸.
7. Conservatorship established, up to one year. The court appoints a conservator with the powers the case requires, over the person, the estate, or both¹.
8. Annual renewal or termination. It ends automatically after one year unless the conservator files a new petition, supported by two physician or psychologist declarations⁶.

LPS conservatorship timeline at a glance

⁵,⁶

Who can serve as the LPS conservator?

The Public Guardian is always the temporary conservator, since only that office can petition the court. For the full term, the court can appoint the Public Guardian, a suitable relative, or a private professional conservator, based on its recommendation⁷. Many stay with the Public Guardian because no relative is able or willing to take on the duties.

What rights does a conservatee keep, and what can be restricted?

An LPS conservatorship does not automatically strip every right. The court decides which powers to give the conservator, and a conservatee keeps every right the court does not expressly limit.

How much does an LPS conservatorship cost?

There is no single statewide fee. When the Public Guardian serves and the conservatee has money, county fee schedules typically let the office charge the estate, as an hourly rate or a percentage, subject to court approval; Yuba County's schedule, for example, lists 7.5 percent of the estate balance or an hourly rate, whichever is greater, per accounting year¹⁰. If the conservatee has no money, the county absorbs the cost. A family conservator who hires an attorney to contest a case pays filing and attorney fees directly, though they can ask the court for compensation from the estate⁴.

Does LPS conservatorship exist outside California?

"LPS conservatorship" is a California term and does not exist by that name elsewhere, but nearly every state has its own version of involuntary commitment for an adult who cannot meet basic needs because of a mental health condition. Washington's Involuntary Treatment Act, for example, defines "gravely disabled" as being in danger of serious harm from failing to provide for essential health or safety needs¹¹. A national review found most states use one of three related standards, and that a few states, including New York and Maryland, have not adopted a grave-disability standard¹². Search "[your state] gravely disabled civil commitment" for the equivalent process elsewhere.

How is an LPS conservatorship renewed or ended?

It ends automatically after one year unless renewed. The conservator generally sends declaration forms to two physicians or psychologists about 45 days before expiration, files a new petition, and serves the conservatee with notice at least 15 days before a hearing where they again have the right to contest the case⁶. It can also end earlier if the court finds the person no longer gravely disabled.

What should you record in a family guide?

A few details save the next crisis a lot of scrambling: the county Public Guardian office's name and phone number, the case number and superior court, the conservator's contact information, whether it covers the person, the estate, or both, and the term's expiration date. This is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place instead of scattered across old paperwork.

LPS conservatorship checklist for families

• Confirm which county's Public Guardian office is handling, or would handle, the case

• Get the treating facility's contact information and the case manager's name

• Ask whether a certification review hearing has happened or is scheduled

• Find out if a temporary conservatorship has been filed, and its 30-day deadline

• Identify who is proposed as conservator, and whether a relative could serve instead

• Confirm whether the conservatorship covers the person, the estate, or both

• Note the expiration date and set a renewal reminder 3 months ahead

• Ask what the county fee schedule charges the estate

• Keep copies of court orders and physician declarations together

• Talk with an attorney if the family disagrees with the recommendation

Common mistakes families make

• Waiting instead of contacting the treating facility or behavioral health department as a 72-hour hold ends.
• Assuming a probate conservatorship can authorize involuntary treatment; that runs through the LPS process instead⁷.
• Missing the renewal window, since the petition and declarations take weeks to prepare⁶.
• Assuming the order restricts every right, when LPS conservatorship is not all-or-nothing.
• Skipping the jury trial right, a built-in protection with an attorney provided if needed.

When to get professional help

Contact the county Public Guardian's office directly if a family member is on, or has just come off, a psychiatric hold; it can explain where the person is in the process. Get a conservatorship attorney or lawyer for conservatorship involved to contest a recommendation, seek a relative's appointment instead, or handle a renewal deadline. A patients' rights advocate, through the county behavioral health department, can help a conservatee understand their hearing rights.