An LPS conservatorship in Los Angeles is a court order that gives one person legal authority to make treatment and housing decisions for an adult who is “gravely disabled” by a mental health disorder, a severe substance use disorder, or both. The process runs through the Los Angeles County Department of Mental Health and the Public Guardian before it ever reaches a judge, and family members cannot petition the court directly. If you’re trying to help someone in crisis, the path begins inside the treatment system, not at the courthouse.
Who Qualifies as Gravely Disabled
Everything in an LPS case turns on one legal finding. Under Welfare and Institutions Code Section 5008(h), a person is gravely disabled when a qualifying behavioral health condition leaves them unable to provide for their own food, clothing, shelter, personal safety, or necessary medical care.1California Legislative Information. California Welfare and Institutions Code 5008 – Definitions The qualifying conditions are a mental health disorder, a severe substance use disorder, or both together.
That definition recently got broader. Senate Bill 43, which all California counties must implement by January 1, 2026, added “personal safety” and “necessary medical care” to the list, which previously stopped at food, clothing, and shelter.2Department of Mental Health. LPS Act and SB 43 SB 43 also added severe substance use disorder on its own as a qualifying condition; before the change, the law covered only mental health disorders and chronic alcoholism.3Department of Health Care Services. SB 43 Changes to Gravely Disabled Behavioral Health FAQs In practical terms, someone who cycles through emergency rooms because untreated addiction has left them unable to manage their own medical needs can now meet the standard even without a co-occurring psychiatric diagnosis.
The bar is still high. An LPS conservatorship takes away fundamental decision-making authority, so courts require clear evidence that the person is at risk of serious physical harm and that voluntary treatment, family support, and other less restrictive options have been tried or seriously considered.
Conditions That Don’t Qualify on Their Own
An intellectual disability by itself cannot support an LPS conservatorship.1California Legislative Information. California Welfare and Institutions Code 5008 – Definitions Adults with developmental disabilities who need help managing daily life are directed instead toward a limited conservatorship under the Probate Code, which uses different procedures. Organic brain disorders, traumatic brain injuries, and dementia also don’t qualify on their own. Any of these can be present alongside a qualifying mental health disorder or severe substance use disorder, but the diagnosis driving the grave disability finding has to be a recognized behavioral health condition.
Why Families Can’t File, and How the Process Actually Starts
One of the hardest things for families to accept is that they cannot walk into court and ask for an LPS conservatorship. Only designated clinical professionals and the Public Guardian can initiate the process.4California Courts. Conservatorships
In most cases, the process begins with a 72-hour psychiatric hold. Under Welfare and Institutions Code Section 5150, a peace officer, mobile crisis team member, or designated mental health professional can place someone in a county-approved facility for up to 72 hours if they appear to be gravely disabled or a danger to themselves or others.5California Legislative Information. California Welfare and Institutions Code 5150 – Detention of Persons with a Mental Health Condition for Evaluation and Treatment The clock starts the moment the person is detained, not when they arrive at the facility.
If the treatment team concludes the person is still gravely disabled at the end of the hold, they may certify them for up to 14 more days of intensive treatment under Section 5250.6California Legislative Information. California Welfare and Institutions Code 5250 – Certification for Intensive Treatment During those two weeks a psychiatrist evaluates whether short-term treatment is likely to stabilize the person or whether a longer-term conservatorship is needed. If the clinical team believes grave disability will persist, the treating professional sends a referral to the Public Guardian.
What Families Can Do to Help
Families can’t file, but what they tell clinicians often decides whether a case moves forward. Treating staff need a clear picture of the person’s history: previous hospitalizations, treatment programs that failed, episodes of self-neglect, stretches of homelessness, patterns of refusing medication. Written documentation is more persuasive than verbal accounts. Keep records, dates, and names of prior providers, and get that information to the facility’s social worker as early in the hold as possible.
The reverse is also true. If a family member is genuinely able and willing to house the person and support their treatment, that may prevent a conservatorship, because the court must find that no less restrictive alternative exists. Say so clearly, and be specific about what you can provide.
The Public Guardian’s Investigation
Once a clinical referral reaches the Los Angeles County Public Guardian, the office opens a full investigation.7Los Angeles County Department of Mental Health. About Conservatorship An investigator interviews family members, reviews the person’s medical, psychological, financial, and social situation, and looks at whether any workable alternative exists. The Department of Mental Health screens the clinical side first, confirming that the psychiatric evidence meets the legal definition. The Public Guardian’s job is not to push for conservatorship but to decide, objectively, whether it’s truly the last option available. The investigator’s report to the court also recommends which specific powers the conservator should receive.
The Court Hearing
If the investigation supports a conservatorship, the Public Guardian files a petition with the Los Angeles Superior Court. The court appoints an attorney for the proposed conservatee, usually from the Public Defender’s office. This representation isn’t optional. The person facing conservatorship has a constitutional right to counsel.
Temporary Conservatorship
The court often starts with a temporary conservatorship lasting up to 30 days while the full case is prepared. The temporary order expires automatically at the 30-day mark unless the court holds a hearing on grave disability before then.8California Legislative Information. California Welfare and Institutions Code 5352.1 – Temporary Conservatorship If the proposed conservatee demands a jury trial, the temporary order can be extended up to 180 days to make room for the trial. A temporary conservator’s authority is limited to arranging food, shelter, and care, with a preference for keeping the person close to home.
The Full Hearing and the Right to a Jury Trial
At the full hearing, the court takes testimony from psychiatrists, the Public Guardian’s investigator, and sometimes family members. The proposed conservatee can request a jury trial on the question of grave disability, but the right doesn’t activate on its own. The request has to be made within five days after the conservatorship hearing.9Disability Rights California. Chapter 2 – LPS Conservatorships A request filed before the hearing waives the hearing and goes straight to trial.
If the court finds grave disability, it appoints a conservator. The Public Guardian typically serves when no suitable private party is available, though the court can appoint a family member or a professional fiduciary if that fits the situation better.
What Powers the Court Can Grant
An LPS conservatorship is not a single package of powers. Under Welfare and Institutions Code Section 5357, the court picks from a specific list of disabilities and imposes only those that fit the individual’s needs:10California Legislative Information. California Welfare and Institutions Code 5357 – Conservator Powers and Conservatee Disabilities
- Authority to consent to or refuse mental health treatment on the conservatee’s behalf, even over objection. A separate determination can cover routine medical treatment unrelated to the grave disability.
- Authority to decide where the conservatee lives, which may include a locked psychiatric facility if a psychiatrist considers it necessary.
- Restrictions on the conservatee’s right to enter into contracts, either entirely or above a set dollar amount.
- Revocation of driving privileges, with notice sent to the DMV.
- Disqualification from voting.
- A prohibition on possessing firearms.
Each item is decided separately. The court doesn’t automatically strip all rights at once. If the court also appoints a conservator of the estate to handle finances, that conservator takes on duties like paying bills, filing accountings with the court, and keeping the conservatee’s money separate from their own.
Rights the Conservatee Keeps
Even under a full LPS conservatorship, the conservatee keeps substantial rights. Being evaluated or treated for a mental health disorder does not create any legal presumption of incompetence.11California Legislative Information. California Welfare and Institutions Code 5331 They can communicate by sealed mail with anyone, including an attorney, and they can have visitors and wear their own clothing. These protections apply regardless of what other disabilities the court imposes.
The conservatee can also challenge their detention at any point through a writ of habeas corpus. Under Section 5275, the conservatee or anyone acting for them can ask any member of the treatment staff for release, and once the request is made, the facility must notify the superior court, which holds a formal hearing.12California Legislative Information. California Welfare and Institutions Code 5275 This review is available at every stage, from the first hold through the conservatorship itself.
When the conservator has authority over treatment and the conservatee objects to psychiatric medication, the facility still has to prove, through a separate capacity hearing known as a Riese hearing, that the person lacks the capacity to give informed consent. The standard is clear and convincing evidence.
Annual Expiration and Renewal
Every LPS conservatorship automatically terminates one year after the conservator is appointed. Time served under a temporary conservatorship does not count toward that year.13California Legislative Information. California Welfare and Institutions Code 5361 – Conservatorship Termination This is one of the strongest protections built into the law: the state has to justify continuing the conservatorship every single year.
If the conservator believes the person is still gravely disabled, they must file a petition for reappointment. Renewal requires fresh psychiatric evaluations, and the conservatee has the same right to a jury trial they had the first time. The court sends expiration notices to both the conservator and conservatee roughly 90 days ahead of the deadline. Conservators should start renewal paperwork two to three months before expiration to avoid a gap in authority. If no renewal petition is filed, the conservatorship simply ends and the person regains full legal autonomy.
What It Costs
The standard filing fee for a conservatorship petition in California superior courts is $435 as of 2026.14California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 When the Public Guardian files, the county absorbs that cost. The Public Guardian’s investigation fees are set based on the conservatee’s ability to pay and must be approved by the court, so conservatees with limited assets often pay reduced fees or nothing.
If the court appoints a private professional fiduciary instead of the Public Guardian, hourly rates generally run from $175 to $300. For most LPS conservatees, who have minimal assets, the Public Guardian serves as conservator and out-of-pocket cost to the family stays low or nothing at all. The conservatee’s own attorney is provided through the Public Defender’s office at public expense.