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 following rights are taken away from someone who is conserved:
A conserved person's rights include the following (* = right may be denied if specifically set forth by the court.):
Miscellaneous information: