Conservatorship

Distinctions Among Conservatorships

First, this advice is not from an attorney and cannot be construed as legally binding. If there is something you are unsure about you should probable contact your institution's in-house legal counsel.

The two types of conservatorships encountered in psychiatry are LPS Conservatorship and Probate Conservatorship. Probate Conservatorship is actually not related to mental health at all.

LPS conservatorship - In the state of California, the Lanterman-Petris-Short Act gives mental health care workers the right to petition the county of residence for a conservatorship when someone meets criteria for grave disability. In LA county, a person would typically be on a 5150 and a 5250 prior to being on a conservatorship.

If the 5250 has been upheld, then the health care provider can petition the county for a Temporary Conservatorship. (Or, in LA county, one applies for a 5270.15). In a Temporary Conservatorship (commonly called a T-Con) a county can appoint a conservator to make mental health care decisions for the person. Temporary conservatorships last for 30 days.

A few important things to keep in mind are:

  • The Temporary Conservatorship must be applied for during the period of the 5250. There is
  • There is a 72 hour grace period after the expiration of the 5250 if a Temporary Conservatorship is in process.
  • To initiate a Temporary Conservatorship, the provider must prepare a letter.
  • If one does not file for a Temporary Conservatorship after the expiration of a 5250, then the patient must be signed as voluntary and is free to leave.
  • A person does

The following rights are taken away from someone who is conserved:

  • They cannot make decisions about their mental health care. This right is transferred to the conservator.
  • They cannot sign psychiatric medication consent forms because of the above.
  • They no longer have the right to refuse psychiatric medications.
  • They do not have the right to leave the hospital without their conservator's permission.
  • They do not have the right to own firearms.

A conserved person's rights include the following (* = right may be denied if specifically set forth by the court.):

  • The right to enter into legal contracts*
  • The right to manage their own funds*
  • The right to vote.
  • The right to purchase a car.
  • The right to accept or refuse medical or surgical treatment*

Miscellaneous information:

  • A conserved person has the right to appeal the conservatorship in court every six months.
  • A conservatorship does not guarantee placement into a locked facility because someone still has to foot the bill. Unfortunately, many healthcare systems do not a lot sufficient funds to pay for a patient's stay in locked facilities (usually at least $50,000 per year). In this case, patients are more or less warehoused until the conservatorship is dropped or a facility is found.