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WHEN MIGHT I NEED AN LPS

CONSERVATORSHIP?

If your loved one is unable to provide for their food, shelter, and clothing, they are considered to be gravely disabled. When a person turns 18 by California statue, they are considered an adult and all medical decision are completely theirs to make.  You cannot involuntarily force them into getting psychiatric treatment even if it is in their best interest.  Many frustrated caregivers want to help their loved one but do not know how to get them help when they are refusing treatment.  California law permits for involuntary care when the person may be a danger to themselves, others, and or gravely disabled.


    

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Probate conservatorships

Also known as a general conservatorship.  These are for the elderly or those with physical disabilities.  They are not used for mental illness. These conservatorships are for life unless the conservator decides to terminate the conservatorship or the conservatee dies. These are managed by the probate code not Welfare and Institutions Code.  

Limited Conservatorship

These are for those with developmental disabilities such as autism and down's syndrome. This kind of conservatorship is the most liberal of all. This conservatorship factors in the idea that the conservatee may "grow out" of being disabled and no longer need the conservatorship. The usual powers granted for one of these conservatorships are power to make general medical decisions and financial decisions on behalf of the conservatee. There are 7 powers in total. 

LPS Conservatorship

These are for psychiatric disorders.  The conservator can make psychiatric treatment decisions and placement decisions. LPS conservatorships are the most restrictive out of all the conservatorships. They are designed to help rehabilitate persons with psychiatric conditions like bipolar, schizophrenia, and or psychosis NOS. They can only be initiated by the public guardian/ conservator.

THE GOAL OF AN LPS CONSERVATORSHIP IS TO

•Provide individualized treatment, supervision, and placement  [WIC §5350.1]
•Consider the purposes of protection of the public and the treatment of the conservatee [WIC §5350(b)(2)]
•Provide Treatment in the least restrictive setting [WIC §5358(c)(1)]

The greatest and most important aspect of having an LPS conservatorship is to manage aspects of the conservatee's life that they cannot. Listed below are the rights the conservator are granted when conservatorship is initiated be it a T-con or P-con. Your rights as a conservator are written out in the letters and orders of conservatorship. You will be given these papers once the conservatorship has been established. The court clerk will certify these letters so that any treating facility will note and accept your role as conservator. 




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Contact me if you have questions. I can answer questions and help guide you. I am not an attorney (yet) I have just had years of experience from my own experiences, helping other friends, and studying the law so I might have something useful to suggest.

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