PSA: Conservators can order involuntary holds

"A board and care, IMD (Institution for Mental Disease AKA locked treatment facility) or other treatment facilities cannot force medications. They can only encourage the use of medications. The person may have to be returned to the hospital to start them back on their medication should they continue to refuse taking their meds." 

In this the facility will usually transport the conservatee to a medical facility to be reassessed and stabilized on medication. Another person has tackled the issue of whether the LPS conservator has any say with the 5150 hold..

Usually with the hospital they will have their own procedure when admitting a LPS conservatee under a 5150 but once the hospital has the conservator's orders and letters on record they will work with the conservator to ensure that the conservator's wishes are also met. This can be confusing for the conservator as they must find the facility that the conservatee is placed given that they will not know immediately should their conservatee be moved. Even though the law stipulates that the conservator should have say in where the conservatee is placed, emergency situations happen and the conservator may be reached in time. If this happens, there is some red tape that the conservator may face when going to the hospital. It is important as a conservator that you remember to bring your paperwork to ensure a smooth process.


"The California Welfare and Institutions Code 5358.5 gives the Conservator the right to place the patient in the hospital when he/she deems it necessary. This law gives the Conservator the right to request a peace officer for the patient to the hospital or treatment facility. The court has found the patient to be "gravely disabled" therefore, no evaluation is necessary prior to transport. Your responsibility is to provide for the continuity of recovery. Often the police will request an ambulance for transport." 

This is also the case if the conservatee is in a step down facility. If the conservatee is in an board and care facility and is acting out or posing as a danger to self or others, the conservator may request the aid of the police or PERT to escort the conservatee to a hospital. This is important as many conservators do not know that they have this power. 

Most police departments are not aware of the 5358.5 law.