Office of the Public Conservator

The Office of the Public Conservator (Public Conservator) investigates referrals for Lanterman-Petris Short (LPS) Conservatorships. Conservatorship referrals are only accepted from psychologists or psychiatrists from designated treatment facilities.

About LPS Conservatorships

An LPS Conservatorship is when the Court appoints an adult (called the conservator) to be responsible for another person (called the conservatee). The conservator makes sure the conservatee gets the treatment they need. This may include treatment, supervision, and placement in a long-term care facility.

People of all ages may qualify for LPS Conservatorship if they meet the legal criteria.

To qualify, a person must:

  • Be gravely disabled, which means they:
    • Have a mental health disorder,
    • A severe substance use disorder, or
    • Both a co-occurring mental health disorder and a severe substance use disorder
    • And they are unable to take care of their basic needs like food, shelter, clothing, medical care, or personal safety.
  • Be unwilling or unable to accept voluntary treatment.
  • Have no family or others who are able and willing to help them.
  • Be a resident of San Diego County.

LPS Conservatorships are not for:

  • People with only developmental or intellectual disabilities.
  • People with only medical disorders, such as a traumatic brain injury, multiple sclerosis (MS), or Huntington’s disease.
  • People with Alzheimer’s disease.

The conditions above may be eligible for Probate Conservatorships, which you can learn about on the Public Guardian’s website.

LPS Conservatorship Process

The LPS Conservatorship process begins when someone is referred from an institution, such as a hospital or a detention facility. The criminal court may also order an evaluation for Conservatorship.

If the patient meets criteria, a psychologist or psychiatrist from a designated facility will send a referral to the Public Conservator.

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  • Temporary Conservatorship (T-Con)
    • Once the referral is received, the Public Conservator investigates to determine if the Conservatorship criteria is met.
    • If criteria is met, the Public Conservator petitions to be appointed as Temporary Conservator (T-Con). If the Court agrees, the person is placed on a T-Con.
    • A T-Con will remain in place for approximately 30 days until the Permanent Conservatorship hearing.
    • The T-Con will end when the Permanent Conservatorship is established.
       

    During T-Con, the Public Conservator will oversee the person’s care and continue to investigate the need for a Permanent Conservatorship. Alternatives to Conservatorship are considered, as well as who should be appointed conservator if the Conservatorship is granted. 

  • Permanent Conservatorship (P-Con)
    • A permanent Conservatorship (P-Con) usually lasts up to one year from the date of initial establishment but can last longer if the Public Conservator pursues reestablishment to allow time for the hearing.
    • P-Cons can end early if the person no longer meets the criteria.
    • P-Cons can be renewed for an additional year.
    • Appointed conservator could be the Public Conservator (known as a Public Conservatorship) or a family relative or interested party (known as a Private Conservatorship).

Reestablish Private Conservatorship

The conservator can petition to renew a Private Conservatorship for an additional year. The renewal will be granted if the conservatee still meets criteria for Conservatorship.

To renew a Private Conservatorship for one more year past the expiration date, you must complete the packet and mail or file it in-person with the Superior Court at least 30 days before the Conservatorship end date. Review the packet for full instructions.

The Public Conservator is unable to assist private conservators with the renewal process but may be able to answer simple questions sent to BHS-PC.HHSA@sdcounty.ca.gov.

Learn More

The Office of the Public Conservator can be reached Monday through Friday, 8:00 am to 5:00 pm, by calling 858-694-3500. You can contact us through the general BHS contact form or via email at BHS-PC.HHSA@sdcounty.ca.gov.

3255 Camino del Rio South
San Diego, CA 92108
Phone: 858-694-3500
Fax: 858-799-0801
Map/Directions

Frequently Asked Questions About LPS Conservatorships

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

    LPS Conservatorships:

    • Referrals can only be made from designated treatment facilities.
    • For people who are gravely disabled due to a mental health condition and/or severe substance use disorder. See section above for more criteria.
    • The Conservator only manages treatment and may assist with finances. For example, making sure the conservatee has a representative payee for Social Security benefits. 

    Probate Conservatorships:

    • Anyone can make a referral for a Probate Conservatorship.
    • For people typically with a diagnosed neurocognitive disorder or developmental disability who:
      • Are unable to care for themselves or their finances on their own and
      • Do not have someone they trust to make decisions for them.
    • The Public Guardian is appointed the Conservator of the person or their finances and estate. Visit the Public Guardian website or call 800-339-4661 for more information.

  • 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 and considers:

    • Whether someone has been a resident in San Diego County for at least 30 days
    • Whether they have San Diego County benefits such as Medi-Cal, and
    • Whether they intend to stay in San Diego County.
       
  • What psychiatric or medical treatment can be authorized?

    The Court can appoint the Conservator to authorize mental health and/or substance use treatment and placement, including involuntary psychotropic medications.

    The Court may allow a conservatee to make their own decisions for medical treatment unrelated to their grave disability. The Court may also appoint the Public Conservator to have that authority for routine medical decisions.

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

    The Conservator must place the conservatee in the least restrictive level of placement, which may include:

    • Independent living facilities
    • Board and cares
    • Open treatment facilities
    • Closed-locked treatment facilities
    • State hospitals
       

    If you have any questions about appropriate placement, please call the Office of the Public Conservator at 858-694-3500.
     

  • What are other services to consider before resorting to LPS Conservatorship?

    There are less restrictive programs you may want to consider before Conservatorship, such as:

    • Voluntary mental health and substance use treatment through outpatient or residential programs.
    • The In-Home Outreach Team conducts mobile outreach to people with serious mental illness who are reluctant to receive mental health treatment and includes screening for Assisted Outpatient Treatment, which is court-ordered treatment.
    • The CARE Act Program may provide a pathway to treatment for people who have a diagnosis in the schizophrenia spectrum or other psychotic disorder and are not currently engaged in treatment.


    If you’d like to talk through your options with an experienced counselor and get help finding the right program, call the Access and Crisis Line at 1-888-724-7240.
     

  • What kinds of facilities can refer someone for Conservatorship?

    County LPS Designated facilities are mental health treatment facilities that are designated by the county for evaluation and treatment, approved by the State Department of Health Care Services (DHCS), and licensed as a health facility or is certified by the State DHCS to provide mental health treatment.

    San Diego County LPS Designated facilities include, but are not limited to, licensed psychiatric hospitals, licensed psychiatric health facilities (including some hospitals), and crisis stabilization units.

    The full list of LPS Designated Facilities in San Diego County can be found on the DHCS Website.