LPS Conservatorship in California: How It Works

Last verified: October 2026 · Educational information only, not legal advice

California's Lanterman-Petris-Short (LPS) Act, in Welfare and Institutions Code (W&I) § 5000 and following, sets the rules for involuntary psychiatric holds and for LPS conservatorships. Counties apply it a little differently, so use this page as a map, not as a procedure for your facility.

The short version

An LPS conservatorship is a court order that lets a conservator make treatment and placement decisions for a person who is gravely disabled because of a mental health or severe substance use disorder and who cannot or will not accept voluntary treatment.
It usually comes at the end of a series of holds, starting with a 72-hour hold (the "5150").
The county Public Conservator (in some counties, the Public Guardian) investigates and files the petition. Treating clinicians recommend it.
A permanent LPS conservatorship lasts up to one year and must be renewed through the court.

Step by step, with timelines

Step	Length	What happens
5150 hold	72 hours	Emergency hold for evaluation, started by a peace officer or another professional the county has authorized. A person can be released, admitted voluntarily, or certified for longer care.
5250 certification	Up to 14 days	Treatment hold for a person who is a danger to self or others or gravely disabled. The patient gets a certification review hearing within about four days, with a hearing officer and a patient rights advocate. The patient can also seek a writ of habeas corpus.
5260	Up to 14 more days	Additional hold for people who are suicidal. It is separate from the grave disability track below.
5270 / 5270.15	Up to 30 more days	Further hold for grave disability only. The patient must be offered voluntary treatment and decline. Clinicians review the criteria at least every 10 days. A separate order is needed for involuntary medication (a "Riese" petition), and one granted for a 5250 does not carry over.
Conservatorship referral	By about day 5 of a 5270 hold (Alameda County)	The treating facility refers the patient to the Public Conservator. The investigator must agree before a petition is filed.
Temporary conservatorship (T-Con)	Up to 30 days	The court can appoint the Public Conservator as temporary conservator while the investigation and hearing happen. A hearing must be held before it ends.
Permanent LPS conservatorship	Up to 1 year	The court or a jury must find the person gravely disabled beyond a reasonable doubt. If the patient demands a trial, the T-Con can be extended, but never more than six months.
Renewal	Each year	The court mails notice about 60 days before expiration. Two treating physicians or licensed psychologists complete a medical recommendation. The petition is filed at least 30 days before the end date.

Across 5150, 5250 and 5270 holds, one county's guidance caps total involuntary detention at 47 days. After that the person must be released unless a conservatorship or another legal basis applies.

Who is eligible: "gravely disabled"

Under the current definition (from SB 43, required statewide as of January 1, 2026), a person is gravely disabled if, because of a mental health disorder, a severe substance use disorder, or both, they are unable to provide for their basic needs. Those needs are food, clothing, shelter, personal safety and necessary medical care. The last two were added by SB 43. "Severe" substance use disorder means a diagnosis that meets the DSM's severe threshold. The definition applies to the 5150, 5250 and 5270 holds as well as to conservatorship.

The person must also be unwilling or unable to accept voluntary treatment. Counties generally look at less restrictive options first, such as assisted outpatient treatment or CARE Court.

Who is involved

Treating team: psychiatrists, nurses and social workers evaluate the patient, document the findings and make the referral.
Public Conservator or Public Guardian: investigates, decides whether to file, and serves as conservator in most cases. Only the Public Conservator can file and prosecute the petition in San Francisco.
Public Defender: represents the patient at hearings and trials.
County Counsel or City Attorney: represents the Public Conservator.
Patient rights advocates: help patients at certification review hearings.
Superior Court: a judge or jury decides. LPS cases are heard in the mental health department, not probate.
Family and other contacts: may give information and are generally notified, but they do not file the LPS petition themselves.

What it means for the patient

An LPS conservatorship is tailored. The court decides which powers the conservator receives. Commonly requested powers include placing the person in a locked or skilled nursing facility, admitting them for acute inpatient psychiatric care, and requiring psychiatric medication.

A conservatorship does not automatically allow involuntary medication. San Francisco's Public Conservator, for example, has to request and receive separate court authorization before involuntary psychiatric medication, and it has to be renewed at the annual renewal. Locally that authorization is referred to as "Affidavit B." The label is local to San Francisco practice, and other counties may use different names or forms for the same step. The conservatee keeps the right to return to court to contest the conservatorship and the conservator's powers.

What it means for families

The conservator is usually the county, not a relative. Family generally cannot decide treatment or placement for the patient under an LPS conservatorship.
Families can contact the treating team or the county Public Conservator to share history and concerns, and can ask for an evaluation.
Family listed as contacts are typically sent notice at renewal.
Placement can be far from home, and a long process can be hard to understand. Clear, plain explanations from nurses help a great deal.

When the person is in jail

Mental health transfer from jail. Under Penal Code § 4011.6, the person in charge of a jail, or a judge, can send a prisoner who appears mentally disordered to a facility for a 72-hour evaluation under W&I § 5150. Conservatorship proceedings may follow.
Delays. Advocates have raised concerns that seriously ill people in custody can wait until their criminal case ends before being evaluated, and can be released without any evaluation. Bills have been introduced to address this. Check current law.
Incompetent to stand trial (IST). A defendant who cannot understand the proceedings or help their lawyer can be committed for restoration to competency. Since July 27, 2021 (AB 133), only felony defendants can be committed to the Department of State Hospitals. If restoration fails and the person appears gravely disabled, the court must order a county conservatorship investigation.
Murphy conservatorship. A separate type for a person found incompetent on a felony involving death, great bodily harm or a serious threat, who is a substantial danger to others because of a mental disorder (W&I § 5008(h)(1)(B)). It is different from a standard LPS conservatorship.
Existing conservatee who is arrested. I did not find a single statewide rule. Practice varies by county, so the facility should contact the Public Conservator, the court and defense counsel.

What nurses can do

Document specific observed behavior and its effect on basic needs (not conclusions), with dates and times.
Know your county's forms, deadlines and hearing schedule, and escalate early when a hold is about to expire.
Explain the patient's rights in plain language, and connect them with the patient rights advocate.
Include family contacts in the chart and tell families who to call.
Check which medication authorizations are actually in force before giving involuntary medication.

Frequently asked questions

Can a family member start an LPS conservatorship?

Not directly. The treating professional refers the patient and the Public Conservator investigates and files. Family can ask the treating team or the county to evaluate.

How long does an LPS conservatorship last?

Up to one year, then it must be renewed through the court. A temporary conservatorship lasts up to 30 days.

Does the patient get a lawyer?

Yes. The Public Defender generally represents the patient, and the patient can demand a court or jury trial.

Does conservatorship mean forced medication?

Not automatically. Involuntary medication needs separate court authorization.

Is this the same as a probate conservatorship?

No. LPS conservatorships are for grave disability from a mental health or severe substance use disorder and follow different rules and a different court department.

This page is educational and is not legal advice. Laws, county forms and deadlines change. Confirm with your county Public Conservator or Public Guardian, County Counsel or an attorney. CALMN is a 501(c)(3) nonprofit and takes no position on legislation. If someone is in crisis, call or text 988; in an emergency call 911.

LPS conservatorship in California: how it works