Mental Health Law and The LPS Conservatorship Program
Office of the Public Conservator, County of San Diego
7947 Mission Center Court, 2nd Floor
San Diego, Ca 92108
Phone: 619-767-5019
Fax: 619-767-5058
Monday - Friday
8AM - 5PM
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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
An LPS Conservatorship of the Person does not allow for supervision or protection of the financial interests, estate or property of the individual. If there is such a need, a probate conservatorship of the estate should be considered. An attorney with probate experience can be contacted. For more information, the San Diego Public Guardian can also be contacted at 858-694-3500. |
