FAQs
LPS Conservatorships
Only designated mental health treatment facilities, agencies, or the Courts can make a referral to the Public Guardian for an LPS Conservatorship. Only the Public Guardian can petition the Court for the initial appointment as Conservator.
LPS matters are set for hearing and decided usually in less than 30 days.
The Siskiyou County Public Guardian is the only authorized Conservator for a Temporary LPS referral in Siskiyou County. The Public Guardian's Office has latitude to recommend another named individual, i.e. a family member as Conservator for the general (1 year term) Conservatorship.
LPS Conservatorships automatically terminate after one year but may be renewed annually at a court hearing.
Persons of all ages, including children and older adults, may qualify for an LPS if they meet the legal criteria.
Persons must meet the legal criteria of "grave disability", be a resident of Siskiyou County, have a qualifying, primary mental health diagnosis and be assessed by a designated facility as needing a Conservatorship. The Office of the Public Guardian makes the determination if a referral meets the legal criteria for a petition and the Court makes the ultimate decision if a Conservatorship is granted.
Frequently known as a T-Con, only the Office of the Public Guardian can serve as the temporary Conservator for an LPS Conservatorship. During the temporary Conservatorship the Office of the Public Guardian has authority over the person and is responsible for investigating the need for a permanent Conservatorship, investigating all alternatives to Conservatorship and if a Conservatorship is needed, recommending who should be appointed.
A General LPS Conservatorship lasts for one year, or until a treating doctor or the Court determines that the Conservatee no longer meets the legal criteria for Conservatorship. A petition for renewal of Conservatorship at the end of one year can be done if the Conservatee still meets legal criteria for Conservatorship and no viable alternatives exist.
The Court usually authorizes mental health treatment only, including psychotropic drugs, even when against the will of the individual. The Court may also grant the Conservator authority to enforce treatment for routine medical care.
The Conservator usually is authorized to place the Conservatee anywhere in California, including a locked mental health facility, if consistent with the treatment plan.