LPS Conservatorship is a legal mechanism that allows a court to appoint an LPS conservator over your person. Unlike other conservatorships, an LPS allows the conservator to make psychiatric medical decisions on your behalf. They are also allowed to place you in a closed locked facility against your will.
When you are on conservatorship, the court may limit special disabilities. They may order that your right to vote be restricted, you may not enter into contracts, your license revoked and not be allowed to drive, and restrict your right to own a firearm.
The LPS conservatorship can last for a maximum of one year at a time, but every year there is a mandatory renewal and rehearing to determine whether you still are gravely disabled and in need of an LPS conservator.
The purpose of conservatorship is, "to provide individualized treatment, supervision, and placement." WIC § 5350.1.
If you are under an LPS conservatorship currently, that means that a doctor has petitioned the court to appoint an LPS conservator over your person. Most likely it is the county's public guardian/conservator who makes these decisions for you. It may also be a relative or family member if they petitioned the court to serve as private LPS conservator. If a doctor has told you that you are on a T-con, you are currently on a temporary conservatorship and will be facing a hearing within the next 30 days. If you have already had a hearing, you have been placed on a P-con or permanent conservatorship that will last up to a year. You have the right to request a rehearing every 6 months. In some cases you are able to request a writ but that question should be a discussion between you and your appointed counsel.
LPS conservatorship can feel overwhelming and scary. However, you should know that there are several legal safeguards to preserve your rights. Below are some links so you can learn about your rights that you retain throughout the process.
When you are on conservatorship, the court may limit special disabilities. They may order that your right to vote be restricted, you may not enter into contracts, your license revoked and not be allowed to drive, and restrict your right to own a firearm.
The LPS conservatorship can last for a maximum of one year at a time, but every year there is a mandatory renewal and rehearing to determine whether you still are gravely disabled and in need of an LPS conservator.
The purpose of conservatorship is, "to provide individualized treatment, supervision, and placement." WIC § 5350.1.
If you are under an LPS conservatorship currently, that means that a doctor has petitioned the court to appoint an LPS conservator over your person. Most likely it is the county's public guardian/conservator who makes these decisions for you. It may also be a relative or family member if they petitioned the court to serve as private LPS conservator. If a doctor has told you that you are on a T-con, you are currently on a temporary conservatorship and will be facing a hearing within the next 30 days. If you have already had a hearing, you have been placed on a P-con or permanent conservatorship that will last up to a year. You have the right to request a rehearing every 6 months. In some cases you are able to request a writ but that question should be a discussion between you and your appointed counsel.
LPS conservatorship can feel overwhelming and scary. However, you should know that there are several legal safeguards to preserve your rights. Below are some links so you can learn about your rights that you retain throughout the process.
Defending your case..... first steps
Facts are king. When defending a case, patient disposition, compliance with treatment, and plan of care if discharged are considered before any case law. To best enhance a defense conservatees should review a sample of a plan of care. This plan of care covers many of the points that the hospital, hearing officer, or judge will want to see before making a favourable judgement.
If a patient petitions for a writ from a T-con, but they are screaming, refusing meds, and have no shelter or safe living situation, it may be unlikely a judge will rule in the patient's favour. Once finished with filling out this plan of care and ask staff/ your counsel to help enter it into the record so that the court and the public conservator/guardian will see that there is a viable plan of care if conservatorship is terminated.
If a patient petitions for a writ from a T-con, but they are screaming, refusing meds, and have no shelter or safe living situation, it may be unlikely a judge will rule in the patient's favour. Once finished with filling out this plan of care and ask staff/ your counsel to help enter it into the record so that the court and the public conservator/guardian will see that there is a viable plan of care if conservatorship is terminated.
