Faq
What is the purpose of a LPS Conservatorship?
To provide for individualized treatment, supervision, and placement of the conservatee and to manage their financial resources.
How is a LPS Conservatorship started?
Only designated mental health treatment facilities or the courts can make a referral to the Public Guardian for LPS. Only the Public Guardian can petition the court for the initial appointment as conservator.
Who is appointed as a LPS Conservator?
The Public Guardian, a relative or interested party may be appointed. However, Public Guardian investigates all such referrals and submits recommendations to the court.

How long does it take to establish a LPS Conservatorship?
LPS matters are set for hearing and generally decided in less than 30 days.
What is the duration of a LPS Conservatorship?
LPS automatically terminates after one year but may be renewed annually at a court hearing.
What ages are served by a LPS Conservatorship?
Persons of all ages, including children and older adults, may qualify for LPS if they meet the legal criteria described above.
What about medical treatment for a person cared for by a LPS Conservatorship?
The court usually authorizes mental health treatment only, including psychotropic drugs, even when against the will of the individual.

What types of living arrangements are involved with an LPS Conservatorship?
The conservator usually is authorized to place the conservatee anywhere in California, including locked mental health facilities, if consistent with the treatment plan.
When would a Probate Conservatorship be necessary?
According to the Probate Code, a conservator may be appointed "for a person who is unable to provide properly for his or her personal needs for physical health, food, clothing or shelter" or for persons "substantially unable" to manage their financial resources "or resist fraud or undue influence."
What is the purpose of a Probate Conservatorship?
To protect and arrange care for the conservatee, to protect their rights and manage their financial resources.
How is a Probate Conservatorship started?
Adult Protective Services can make a probate referral to the Public Guardian. Likewise, any interested party can petition the court to become the conservator. Before doing so, however, family members should consult with an attorney.
How long does it take to establish a Probate Conservatorship?
Probate matters can take a month or much longer to decide.
In Probate cases, who is appointed Conservator?
The Public Guardian is appointed on petitions it files. Probate conservatorship petitions may be filed by private individuals or by agencies on their own behalf.
What is the duration of a Probate Conservatorship?
Probate is indefinite but the conservatee or conservator may petition the court for termination at any time.

What ages are served by a Probate Conservatorship?
Probate conservatorship is restricted to adults, age 18 and older that meets the legal basis described above. (Guardianship is available for minors.)
How is medical treatment authorized during a Probate Conservatorship?
The court often grants to the conservator the exclusive authority to make most medical decisions, such as surgeries, but not involuntary mental health treatment decisions.

How are living arrangements decided during a Probate Conservatorship?
The conservator is usually authorized to place the conservatee anywhere in California consistent with treatment needs, except in a Mental health facility.

What is elder abuse?
Abuse of elders and dependent adults is a crime. Abuse can take many forms, including physical and financial abuse or neglect.
What do I do if I suspect elder abuse?
Suspected abuse should be reported to the local police or Adult Protective Services, the county agency responsible for investigating reports of abuse. During regular office hours (707) 784-8259 or after hours at (800) 850-0012. Even when abuse cannot be substantiated as a crime, intervention may be necessary. The Public Guardian, using the civil process of conservatorship, may be able to prevent further abuse by taking steps, for example, to secure medical treatment or freeze assets.