A mental health conservatorship is different from a probate conservatorship. It is used only for people who have a psychiatric disorder so severe that it prevents them from providing for their most basic personal needs such as food, clothing, and shelter. The legal term is gravely disabled. The purpose of mental health conservatorships is to provide individualized treatment, supervision, and living arrangements for people who are seriously mentally ill while still protecting their individual rights. Mental health conservatorships, which are sometimes called LPS conservatorships because they are governed by the Lanterman-Petris-Short Act, can involve confinement in a locked psychiatric facility, which means the person is deprived of personal liberty. Therefore, there are strict legal procedures and laws that must be followed by doctors and hospitals and which involve review and monitoring by the Probate Court.
Starting a Mental Health Conservatorship
Family members or other private parties cannot start a mental health conservatorship. Only the professional treatment staff at the hospital where the person is being treated can begin the process. The first step is to request an investigation by the Office of the Public Conservator, which is a division of the Department of Aging and Adult Services in San Francisco. If the investigation by the Public Conservator agrees with the professional staff of the psychiatric facility, the Public Conservator will formally request the Probate Court to establish a temporary mental health conservatorship and eventually, a general conservatorship. The formal request is called a petition. The person who is affected is legally called a proposed conservatee and must receive written notice of the temporary conservatorship at least five days before it takes place. The Probate Court also appoints an attorney, generally the Public Defender’s Office, to represent the person.
A temporary conservatorship cannot last longer than 30 days. At the end of 30 days, the Probate Judge considers the petition for the general conservatorship.
http://www.sfsuperiorcourt.org/divisions/probate/mental-health-conservatorship
