Office of the Public Conservator

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• What is an LPS Conservatorship?

  The California Welfare and Institutions Code allows the San Diego County Superior Court to appoint a conservator to provide individualized treatment, supervision, and placement for an individual with a serious mental disorder or chronic alcoholism who is “gravely disabled.” Once appointed, the conservator can ensure the individual receives appropriate mental health treatment and their basic needs of food, clothing, and shelter are met. 

• What is the difference between an LPS Conservatorship and a Probate Conservatorship?

  A probate conservatorship can be of the person and/or estate for an individual who typically has a diagnosed neurocognitive disorder or developmental disability where they lack capacity to manage their own personal needs or financial assets and have no other surrogate decision-maker in place. Visit the Public Guardian website for more information.

  An LPS conservator does NOT have legal authority to manage any finances or assets but may provide assistance such as ensuring an individual has a representative payee for Social Security benefits. 

• How is a Conservatorship referral submitted?

  Only mental health providers of designated treatment facilities or evaluating agencies, specifically psychiatrists or County-appointed psychologists, can submit a referral to San Diego County’s Office of the Public Conservator. Only the Public Conservator’s office can petition the court for the initial appointment as an LPS conservator. 

• How long does the process take?

  Determinations as to whether criteria are met are made by licensed mental health clinicians while the patient is on a mental health hold at a hospital or detained in a custodial setting. If the petition for an LPS conservatorship is filed, a temporary conservatorship will commence and a court hearing will be calendared within 30 days.

• Who is appointed Conservator?

  The Public Conservator, a relative, or interested party may be appointed. Public Conservator clinicians investigate all referrals and requests to serve as a private conservator and submit recommendations to the court, if appropriate. 

• What is the duration of an LPS Conservatorship?

  An LPS conservatorship is in effect for one year and automatically terminates at that time unless the public or private conservator petitions the court to reestablish the conservatorship for an additional year. Although it is more commonly known as a permanent conservatorship, an LPS conservatorship can only be established for a one-year period. 

• Are there any age restrictions under the statute for a conservatee?

  Persons of all ages, including minors and older adults, may qualify for LPS conservatorship if they meet the legal criteria. 

• What is the legal criteria for an LPS Conservatorship?

  People eligible for an LPS Conservatorship must meet the following criteria:

  • Persons must meet the legal criteria of “grave disability” under the California Welfare and Institutions Code,
  • Be a resident of San Diego County,
  • Have a primary mental health diagnosis, and
  • Be assessed and referred by a designated facility.

  The Office of the Public Conservator determines if a referral meets the legal criteria for a petition and ultimately, the court makes a ruling that the criteria has been met to establish a conservatorship. 

• How is it determined that someone is a resident of San Diego County?

  Residency in San Diego County is determined on a case-by-case basis using guidelines such as whether someone has been a resident in San Diego County for at least 30 days, whether they have San Diego County benefits such as MediCal, and whether there is intent to remain in San Diego County. 

• What is a Temporary Conservatorship?

  Also known as a T-Con, it provides the conservator with interim authority during the 30-day period from filing for a conservatorship and the hearing on the permanent conservatorship. Only the Office of the Public Conservator can serve as the temporary conservator for an LPS conservatee.

  During the temporary conservatorship, the Office of the Public Conservator has authority over the person and is responsible for investigating the need for a permanent conservatorship, investigating all alternatives to conservatorship, and if a conservatorship is needed, recommending whom should be appointed as their conservator.

• What is a Permanent Conservatorship?

  A permanent LPS conservatorship lasts for a year, or until the Office of the Public Conservator in conjunction with the conservatee’s treatment providers, or the Court determines the conservatee no longer meets the legal criteria for conservatorship.

  A petition for renewal of conservatorship at the end of one year can be submitted if the conservatee still meets the legal criteria for conservatorship and no viable alternatives exist. 

• What psychiatric or medical treatment can be authorized?

  The Court can appoint the conservator to authorize mental health treatment, including involuntary psychotropic medications. The Court may allow a conservatee to retain decision-making for medical treatment, unrelated to their grave disability, or may appoint the Public Conservator to retain that authority for routine medical decisions. 

• What living arrangements/placements can be arranged for an LPS Conservatorship?

  The conservator is authorized by the court to place the conservatee in the least restrictive level of placement. Placements include independent living placements, board and cares, open treatment facilities, closed-locked treatment facilities and state hospitals. A conservatee can be placed at a lower or higher level than initially ordered by the court if, with treatment, it is clinically indicated. The Public Conservator would notify the court and the conservatee’s attorney if a conservatee is placed at a higher level of care than indicated on the most recent court order. 

• As a private LPS conservator, where can I find information regarding re-establishment of conservatorship for another year?

  Please see the packet linked above under Reestablish Private Conservatorship regarding the re-establishment process.

  The Public Conservator’s Office is unable to provide legal advice or hands-on assistance to private conservators with this process. However, simple questions may be addressed to our office via our general e-mail address at BHS-PC.HHSA@sdcounty.ca.gov.