LPS Conservatorship

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The function of the Kings County Public Guardian is to act as the court appointed LPS Conservator. Public Conservator are responsible for directing the mental health treatment and placement of their clients who are:

  • Gravely disabled as the result of a mental disease and/or disorder, and
  • Unable to provide for their basic personal needs for food, clothing or shelter, and/or
  • Require placement in a state mental institution or other facility for psychiatric care.

An LPS Conservator has the authority to place their conservatee in a state hospital or psychiatric treatment facility involuntarily.

The term “LPS Conservator” comes from the Lanterman-Petris-Short (LPS) Act, which provided guidelines for the handling of involuntary civil commitments of individuals in mental health institutions in California. State Assemblyman Frank Lanterman, along with state Senators Nicholas Petris and Alan Short, introduced the act in 1967. It was signed into law in 1972 by Governor Ronald Reagan. This act set the precedent for modernizing the commitment and mental health treatment procedures in the United States.

 

How is it started?

Only designated mental health treatment facilities, agencies or the courts can make a referral to the Public Guardian for LPS conservatorship.  Only the Public Guardian can petition the court for the initial appointment as conservator.

 Who is appointed Conservator?

The Public Guardian, a relative or interested party may be appointed.   However, the Public Guardian investigates all such referrals and submits recommendations to the court.

 Public Guardian will serve as conservator if needed.

The Office of the Public Guardian will provide individualized treatment, supervision, and placement services through this conservatorship program for persons found to be gravely disabled.

 Duration

LPS Conservatorship automatically terminates after one year but may be renewed annually at a court hearing.

 Who can use this service?

This service can be used by individuals who have been referred by the treating physician(s) who oversee their care in a licensed psychiatric facility and are residents of Kings County.