An LPS conservatorship in California is a court order that gives a court-appointed conservator legal authority over an adult who, because of serious mental illness or a severe substance use disorder, cannot provide for their own food, clothing, shelter, personal safety, or necessary medical care. It is created under the Lanterman-Petris-Short Act, lasts one year at a time, and can only be initiated by a county public guardian’s office after a referral from a treating mental health professional. Because it takes away fundamental liberties, a judge can impose it only after a formal hearing and a finding, by clear and convincing evidence, that the person is “gravely disabled.”
What “Gravely Disabled” Means
Everything in an LPS case turns on this one legal term. Under Welfare and Institutions Code 5008(h), a person is gravely disabled when a mental health disorder, a severe substance use disorder, or a combination of both leaves them unable to provide for their food, clothing, shelter, personal safety, or necessary medical care.1California Legislative Information. California Welfare and Institutions Code WIC 5008 That expanded definition came from SB 43, enacted in 2023 and phased in county by county. As of January 1, 2026, every California county applies it.2County of Merced. Senate Bill 43 Expanding the Definition of Grave Disability
The old definition covered only an inability to secure food, clothing, or shelter caused by a mental health disorder alone. SB 43 changed two things. A severe substance use disorder now qualifies on its own or alongside a mental health condition. And the criteria reach personal safety and necessary medical care where the inability could lead to serious bodily injury.
The threshold remains high. Making poor decisions, refusing treatment, or living unconventionally does not qualify. California courts have long held that the standard excludes “unusual or nonconformist lifestyles” and focuses on whether a person can actually survive.3FindLaw. Ioakimedes v Chambers A person who can meet basic needs with willing help from family or friends may not qualify, even if they could not manage entirely alone.4Justia Law. Conservatorship of Early
Who Can Start the Process
Families cannot file an LPS petition. Only the county public guardian’s office can, and only after a referral from a treating mental health professional.5Judicial Branch of California. Conservatorships The path there usually runs through involuntary psychiatric holds.
When someone poses a danger to themselves or others, or appears gravely disabled, an authorized professional can place them on a 72-hour hold under Welfare and Institutions Code 5150.6OC Health Care Agency. Navigating the Involuntary 5150 Hold Process If the person still cannot function safely, clinicians may extend care through a 14-day hold under section 5250. That extended window gives staff time to decide whether short-term care will stabilize the person or whether something longer is needed. If the treating psychiatrist concludes the person remains gravely disabled and is unlikely to stabilize without ongoing supervision, the case is referred to the county public guardian.
The public guardian then runs its own investigation. It reviews medical records, interviews the individual and clinicians, and independently assesses whether the statutory definition of grave disability is met. If it agrees a conservatorship is warranted, it files a petition in the superior court where the person lives.7Santa Clara Courts. LPS Mental Health Conservatorship The petition includes psychiatric evaluations, treatment history, and evidence that the person cannot meet their basic needs.
Temporary Conservatorships
When the court needs to act quickly, it can establish a temporary conservatorship of up to 30 days. Under Welfare and Institutions Code 5352.1, the court may appoint a temporary conservator based on a comprehensive investigation report or an affidavit from the treating professional.8California Legislative Information. California Welfare and Institutions Code WIC 5352.1 The affidavit must confirm that alternatives, including assisted outpatient treatment and CARE Act proceedings, were considered and found unsuitable. The temporary arrangement bridges the gap while the court prepares for a full hearing.
The Hearing
The hearing takes place in superior court with heightened procedural protections, because personal liberty is at stake. The petitioner, usually represented by county counsel, must prove grave disability by clear and convincing evidence, a higher standard than the “preponderance of the evidence” used in most civil cases. Judges rely on psychiatric evaluations, treatment records, and testimony from clinicians who have directly observed the individual.
The proposed conservatee has the right to an attorney, and if they cannot afford one the court appoints a public defender. Effective representation means challenging the psychiatric evidence, cross-examining witnesses, and arguing for less restrictive alternatives such as voluntary outpatient treatment or a CARE plan. In Conservatorship of Benvenuto, the appellate court reinforced that a judge must genuinely consider less restrictive options before imposing a conservatorship.9Justia Law. Conservatorship of Benvenuto
The proposed conservatee can also demand a jury trial. In Conservatorship of Roulet, the California Supreme Court held that because an LPS conservatorship is so similar to a civil commitment, it warrants the same jury-trial protections.10Justia Law. Conservatorship of Roulet If a jury is requested, all 12 jurors must unanimously agree that the person is gravely disabled. Petitions can and do fail here when the evidence is thin or a psychiatrist’s testimony is equivocal.
What the Conservator Can Do
If the court grants the petition, it appoints either the county public guardian, a family member, or another responsible party as conservator. The order spells out the scope of authority, which usually falls into two areas.
For personal care, the conservator decides where the conservatee lives and what treatment they receive. Placement must follow the least restrictive alternative principle: a locked psychiatric facility is only appropriate when less restrictive settings genuinely cannot provide adequate care.11Justia Law. California Welfare and Institutions Code WIC 5350-5371 The conservator can consent to psychiatric treatment on the conservatee’s behalf, with an important limit on forced medication described below.
For financial matters, the conservator may manage bank accounts, pay bills, and apply for public benefits such as Supplemental Security Income, Social Security Disability Insurance, or Medi-Cal. The goal is to stabilize the conservatee’s finances and prevent exploitation, not to control assets beyond what the court authorizes.
The public guardian handles most LPS conservatorships because many conservatees have no family member willing or able to serve. Public guardian offices operate under Welfare and Institutions Code 5350 and are subject to court oversight. A family member appointed instead has the same legal obligations and reporting duties.12Department of Mental Health. Frequently Asked Questions LPS Conservatorships
Forced Medication and the Riese Hearing
A conservator’s general authority does not automatically include the power to medicate someone against their will. Before involuntary medication can be administered, the treating facility must obtain a separate court order through a Riese hearing, named after Riese v. St. Mary’s Hospital and Medical Center.13Justia Law. Riese v St Marys Hospital and Medical Center At that hearing, the psychiatrist must prove the conservatee lacks the capacity to make an informed decision about medication. Any order authorizing forced medication lasts only for the current conservatorship term and must be reassessed at renewal.
Rights the Conservatee Keeps
An LPS conservatorship is not a total erasure of autonomy. Welfare and Institutions Code 5325 guarantees that conservatees retain specific rights, including humane treatment, dignity, privacy, visitors, and communication with an attorney.14California Legislative Information. California Welfare and Institutions Code WIC 5357 These protections apply even inside a locked psychiatric facility.
The conservatee can petition the court at any time to end the conservatorship and can request a jury trial to contest the finding of grave disability. Complaints about treatment inside a facility can go to the Patients’ Rights Advocate, an independent entity that investigates grievances related to mental health care.
Firearms Consequence
An LPS conservatorship triggers a federal firearms ban. Under 18 U.S.C. § 922(g)(4), anyone who has been “adjudicated as a mental defective” or “committed to a mental institution” is prohibited from possessing firearms or ammunition.15Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts Federal regulations define “adjudicated as a mental defective” to include a court finding that a person lacks the mental capacity to manage their own affairs, which is essentially what an LPS conservatorship establishes.16Bureau of Alcohol, Tobacco, Firearms and Explosives. Federal Firearms Prohibition Under 18 USC 922(g)(4) The prohibition applies nationwide and survives after the conservatorship ends unless the person obtains specific relief.
Renewal and Ending the Conservatorship
Every LPS conservatorship expires after one year. If the conservator believes continued supervision is necessary, they must petition the court for renewal before the term runs out. Welfare and Institutions Code 5361 requires substantial evidence that the conservatee still meets the statutory criteria for grave disability, and a petition for reappointment must be filed at least 30 days before the current order expires.17California Legislative Information. California Welfare and Institutions Code WIC 5361
The conservatee can oppose renewal and demand a full hearing, with a jury if they choose. The court must also evaluate whether less restrictive options have become viable. If the conservatee’s condition has improved enough that they can manage basic needs on their own or with willing third-party help, the conservatorship must end. Alternatives the court may consider include assisted outpatient treatment under Laura’s Law (Welfare and Institutions Code 5345) or a CARE plan under the CARE Act.18Justia Law. California Welfare and Institutions Code WIC 5345-5349.5
CARE Court as an Alternative
Since December 2024, every California county accepts petitions under the CARE Act (SB 1338), a court-supervised treatment program designed to reach people before they deteriorate to the point of needing a conservatorship.19Judicial Branch of California. California Courts Implement CARE Act Statewide Unlike LPS, CARE Court petitions can be filed by family members, first responders, and behavioral health providers. The person does not need to be gravely disabled to qualify.
CARE Court targets adults 18 and older with a schizophrenia spectrum or other psychotic disorder who are not stabilized in ongoing county treatment and currently lack the capacity to make their own medical decisions. If the criteria are met, the court orders the county behavioral health agency to develop a treatment plan that can include medication, housing assistance, and supportive services.
There is a real consequence for not completing a CARE plan. Someone who fails to follow through can be referred for an LPS conservatorship, and the court will presume that no suitable alternatives exist. That presumption effectively removes one of the strongest defenses at the conservatorship hearing.
What Families Can Do
Families cannot file the LPS petition, but they are not without options. If your family member is in immediate crisis, call 988 or your county’s mobile crisis team. You can also contact local law enforcement to request a 5150 evaluation, which places the person on a 72-hour psychiatric hold if a qualified professional determines they are a danger to themselves, a danger to others, or gravely disabled. That initial hold is the entry point for the chain of evaluations that can lead to a public guardian referral.
Outside an acute crisis, contact the county behavioral health department directly and describe the situation. A CARE Court petition is one of the few tools that lets a family member directly initiate a court-supervised treatment process, and it is worth considering if your loved one may fit the criteria. If they are already hospitalized, communicate clearly with the treatment team about the pattern of behavior you have seen: past hospitalizations, periods of homelessness, and specific incidents showing an inability to meet basic needs. That information becomes part of the clinical record the public guardian will review when deciding whether to file.