LPS Conservatorship
The function of the San Luis Obispo County Public Guardian is to act as LPS conservatorship investigator and the court appointed LPS Conservator. The Public Guardian, under appointment by the court, is responsible for directing the mental health treatment and placement of individuals who meet the legal criteria for an LPS conservatorship. An LPS conservator may be appointed for a person who is “gravely disabled.” Pursuant to Welfare and Institutions Code section 5008(h)(1)(A), “gravely disabled” means a condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.
An LPS Conservator has the authority, when authorized by the court, to place a conservatee in a state hospital or psychiatric treatment facility involuntarily. Referrals for LPS conservatorships can only come from a psychiatrist who is affiliated with a designated psychiatric hospital, the San Luis Obispo County Behavioral Health Medical Director, or the Superior Court.
The term "LPS Conservator" comes from the Lanterman-Petris-Short (LPS) Act, which provides 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 and it was thereafter signed into law by Governor Ronald Reagan in 1972. The LPS Act set the precedent for modernizing the commitment and mental health treatment procedures in the United States.
What is the process?
Physician contacts the Office of the Public Guardian.
If you are a treating physician in a licensed licensed psychiatric facility and believe that one of your patients at the facility meets the criteria for LPS conservatorship, please call the Office of the Public Guardian at 805-781-5845. You may talk to our investigator about whether a particular situation would be appropriate for the Public Guardian to investigate prior to submitting a formal referral.
Submit a formal referral.
A treating physician in a licensed psychiatric facility may submit a referral for LPS conservatorship by faxing a completed form to 805-781-5566. The form must be filled out completely. Incomplete referrals will be returned.
Investigator will follow up.
Once a referral is received by the Office of the Public Guardian, the Conservatorship Investigator will investigate all available alternatives to conservatorship and shall recommend the establishment of the conservatorship only if no suitable alternatives are available. This is in accordance with California Welfare and Institution Code Section 5354-5356.
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.
Who is eligible?
This service can be used by individuals who have been referred by the treating physician(s) who are in charge of their care in a licensed psychiatric facility.
Is there a charge for this service?
The charge for this service is based on the approved monthly rate by the Social Security Administration, which is currently $57 per month.
When and where is this service offered?
This service is available throughout the year during regular business hours except during scheduled holidays.
