WHY ONLY THE PUBLIC CONSERVATOR ALLOWED TO FILE FOR LPS CONSERVATORSHIP

The most important thing to understand is that only the public conservator can file for LPS conservatorship. This rule is universal among all of California counties and is codified under Welf & I C §5352: "The only party who may petition to establish the LPS conservatorship is the county officer providing the conservatorship investigation". Welfare and Institutions Code §5352 stipulates that, if a county's conservatorship investigator concurs with Dr's recommendation, he or she files the petition for an LPS conservatorship with the court.

Only the county conservatorship investigator can petition and recommend a proposed conservator, and only a conservatee can demand a jury trial or a rehearing.


Unlike probate code, which allows for any interested party to petition for probate conservatorship, family members cannot call the public conservator's office and ask them to "open" an investigation or T-con.

Additionally, a third party such as a family member may not interfere with the conservatorship investigator's discretion to petition for LPS conservatorship or appointment of a private conservator. In re Conservatorship of Martha P. (2004) 117 CA4th 857


In the same vein if no person is willing and able to serve as conservator, the public guardian must serve as conservator/guardian of last resort. Welf & I C §§5354.5- 5356