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What is an LPS Conservatorship?
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LPS Conservatorship can be established for an individual who is gravely
disabled.
Grave disability is defined as a condition in which a person is unable to provide for
his/her basic personal needs for food, clothing, or shelter, as a result of a mental
disorder. Additionally it must be determined that the individual is unwilling or unable
to accept help from a third party to meet these basic needs. A minor is considered to be
gravely disabled if he/she is unable to use the basic elements of life, which are
considered to be essential for health, safety and development, even if provided by
others.
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What is LPS?
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| The Lanterman-Petris-Short Act is a division of the California Welfare
and Institutions Code that was enacted in 1969 to eliminate the inappropriate,
indefinite, involuntary commitment of mentally disordered persons.
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Who initiates an LPS conservatorship?
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Referrals for LPS conservatorship are only received from the designated
5150 facilities (Kern Medical Center, Good Samaritan, and Crestwood PHF),
and the Superior Court. The designated 5150 facilities can only initiate a
conservatorship referral for an individual who has been involuntarily held on the unit
via a 5150, and certified for an additional 14 days of intensive treatment via the 5250.
At the conclusion of the probable cause hearing, the facility physician can initiate a
referral for investigation into the appropriateness of establishing an LPS
Conservatorship.
If after a thorough investigation by Public Conservator staff there exists a need for
conservatorship, a petition will be filed with the Superior Court for a 30 day Temporary
Conservatorship. The Court may appoint a Temporary Conservator, Ex Parte (without
hearing). The Public Conservator is appointed the temporary conservator in all cases.
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When is the Public Conservator appointed?
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| The Public Conservator will serve as "permanent" conservator where
conservatorship is required and there is no one else willing or qualified to serve.
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What are the legal limitations of an LPS conservatorship?
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A permanent L.P.S. conservatorship automatically terminates after one year (excluding the period of temporary conservatorship). If at that time the conservatee is still gravely disabled, the conservator must obtain the opinion of two physicians or psychologists, or one of each, in order to initiate further Court proceedings to reestablish the conservatorship for another year.
The goal of the conservatorship is to assist the conservatee in eliminating the behaviors that render him/her gravely disabled.
An L.P.S. conservatee may be placed in a locked psychiatric facility against his/her will, and may be forced to take psychotropic medications against his/her will.
All proposed conservatees are interviewed by and represented in Court by an attorney. The conservatee is entitled to a Court or jury trial if he/she objects to the ongoing conservatorship.
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What rights are denied an LPS conservatee?
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Upon Court confirmation the following rights may be denied: (a) the
right to enter into contracts; (b) the privilege of possessing a license to operate a
motor vehicle; and (c) the right to possess and carry firearms.
The conservator shall have the right to refuse or consent to medical treatment related
specifically to the conservatee's grave disability and to routine medical treatment.
Any invasive treatment requires Court approval.
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Can an LPS conservatee request termination of the conservatorship?
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| The conservatee has the right to request a rehearing to terminate the
conservatorship; however, only one such request shall be made within a six-month period.
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