Setting up an LPS Conservatorship in San Diego County

Mental Health Law and The LPS Conservatorship Program

Office of the Public Conservator, County of San Diego
7947 Mission Center Court, 2^nd Floor
San Diego, Ca 92108

Phone: 619-767-5019
Fax: 619-767-5058

Monday - Friday
8AM - 5PM

Conservatorship of the Person

The W&I Code §5350 provides a legal method whereby persons who are unable to meet their basic needs of food, clothing, or shelter, as a result of a mental disorder (gravely disabled), and have no one avail­able to assist, can have a conservator ap­pointed by the court.

Conservatorship of the Person is only es­tablished for gravely disabled persons. Danger to self and/or others and sub­stance abuse are not reasons for estab­lishment of an LPS Conservatorship of the Person. A referral from a psychiatrist rec­ommending the conservatorship must be received by the Public Conservator in or­der to initiate an investigation.

The court determines, based on evidence or proof, whether or not an individual is gravely disabled and if so, appoints a con­servator. The conservator will either be the Public Conservator or a private party who agrees to act as the Conservator. The court decides the least restrictive place­ment for the conservatee, whether he or she can make medical decisions unrelated to the grave disability, and whether the conservatee should have the right to vote, possess a driver's license, enter into con­tracts, or possess a firearm.

The conservator is given the authority to make psychiatric decisions about the con­servatee and may be given the authority to make routine medical decisions on behalf of the conservatee. The conservator proc­esses legal needs on behalf of the conser­vatee and monitors treatment and living arrangements throughout the year of ap­pointment. In San Diego County, a mental health case manager provides services to the conservatee on behalf of the Public Conservator thus ensuring that mental health treatment is received and food, clothing and shelter needs are met. The LPS Conservatorship of the person must be re-established each year.

Limitations of Conservator