A conservatorship is a court arrangement giving one person legal authority over another adult’s care or finances. In California, LPS conservatorship applies to grave disability caused by a mental health disorder. Addiction alone very rarely qualifies. It is a serious, lengthy legal step, not a route into rehab.
Families usually arrive at this word after everything else has failed.
Someone has mentioned conservatorship, often after a high-profile case in the news, and it sounds like the answer. Legal authority. A way to finally make decisions.
I am Chris Howard. I want to explain honestly what this is, because the gap between what families hope and what the law provides causes real disappointment.
What a conservatorship actually is
A court appoints one adult, the conservator, to make certain decisions for another adult, the conservatee, who cannot make those decisions themselves.
California has two main types relevant here.
LPS conservatorship comes from the Lanterman-Petris-Short Act. It applies to people who are gravely disabled as a result of a mental health disorder, and it can authorise placement in treatment.
Probate conservatorship covers people who cannot manage their own care or finances, often due to age, injury or cognitive decline. It does not generally authorise involuntary psychiatric treatment.
For the situations families describe to me, LPS is usually the relevant one, and it is also the harder one to obtain.
The part families find hardest to hear
Addiction on its own very rarely meets the standard.
LPS conservatorship requires grave disability resulting from a mental health disorder. In California, substance use disorder alone has historically not been sufficient, though legislation in this area has been evolving.
Where families do succeed, there is usually a co-occurring serious mental illness alongside the substance use.
This is the same barrier that surprises families attempting a 5150 hold, and it exists for the same reason. The law is written to protect individual liberty, and it sets a deliberately high bar.
How an LPS conservatorship begins
Families cannot simply file for one, which surprises most people.
An LPS conservatorship typically begins inside the treatment system, not outside it. The usual route is:
- The person is placed on a 5150 hold and evaluated.
- If criteria continue to be met, a 5250 certification may follow for up to 14 days.
- If grave disability persists, the facility may refer the case for conservatorship.
- The county, often through the public guardian or county counsel, investigates and decides whether to petition the court.
- The court hears the matter. The person has the right to legal representation and, in many circumstances, a jury trial.
A family’s role is to provide information and advocate. The petition itself usually originates with the county rather than with you.
What it does and does not do
It can authorise placement in a psychiatric facility, authorise certain treatment decisions, and in some cases control finances.
It does not compel someone to engage with addiction treatment, repair a relationship, or last indefinitely without renewal. LPS conservatorships are time-limited and must be renewed.
It is also a profound removal of another adult’s rights, and courts treat it that way. Expect scrutiny, expect delay, and expect it to be contested.
What it costs, in every sense
Financially, probate conservatorships involve court fees, attorney fees, and ongoing accounting obligations. LPS conservatorships handled by the public guardian work differently.
The higher cost is usually relational. Pursuing a conservatorship against someone’s wishes changes the relationship, sometimes permanently.
That does not mean it is wrong. It means it should be a considered decision rather than a desperate one.
What usually happens instead
In my experience, most families who ask about conservatorship do not end up pursuing it. They find the threshold is higher than expected and the timeline longer than the crisis allows.
What tends to help sooner is a structured family intervention. It is a planned, prepared meeting where the people closest to someone present a united request that they accept help, with treatment arranged in advance.
It has no legal force. What it has instead is speed, preparation and the full weight of the family speaking with one voice.
For many situations, that achieves more than a legal route that may take months and may not be granted.
Talk to an attorney
I am not a lawyer, and this is not legal advice. If you are seriously considering this path, it is worth speaking with a California attorney who has real experience with LPS or probate conservatorships. They can walk you through what actually fits your situation.
Los Angeles County Superior Court publishes information on conservatorship procedure, and the Office of the Public Guardian handles LPS cases in this county.
If you want to talk through whether an intervention is a more practical next step, you can reach me on 866-826-0985.
If tonight is an emergency
If there is immediate danger to life, call 911. For a mental health crisis, the 988 Suicide and Crisis Lifeline is confidential, available at any hour, and carries no cost to the caller. Los Angeles County residents can reach the Department of Mental Health ACCESS line at 800-854-7771.
Frequently asked questions
Can I get a conservatorship because my son uses drugs?
Very unlikely on that basis alone. LPS conservatorship requires grave disability resulting from a mental health disorder, and addiction by itself has generally not been sufficient in California.
How long does a conservatorship take to obtain?
It is a court process measured in months rather than days. It is not a solution to an immediate crisis.
Can I file for an LPS conservatorship myself?
Generally no. LPS petitions typically originate with the county after the person has been through the involuntary hold process.
How long does a conservatorship last?
LPS conservatorships are time-limited and must be renewed. They are not permanent by default.
Does a conservatorship force someone into rehab?
No. It can authorise psychiatric placement in some circumstances. It is not a mechanism for compelling addiction treatment.
What is the difference between LPS and probate conservatorship?
LPS relates to grave disability from a mental health disorder and can authorise psychiatric placement. Probate covers care and finances and generally does not.
Is there a faster alternative?
A planned family intervention is usually faster and has no legal barrier, though it depends on the person agreeing.
If you are weighing this against an intervention, one call will save time
I work with Los Angeles families deciding between legal routes and structured next steps. A confidential conversation is usually enough to see which one actually fits.