Difference between Conservatorship and LPS Conservatorship
Conservatorship
There is a difference between Conservatorship and LPS. A conservatorship is for someone who can no longer take care of themselves. The exact language on the Ventura County Superior Court website is "A conservatorship is a legal arrangement in which an adult oversees the personal care or financial matters of another adult considered incapable of managing alone". For example, if someone has Alzheimer's you can go to the courthouse and get the paperwork for conservatorship if they can no longer take care of themselves.
LPS Conservatorship
LPS conservatorship is for someone who is mentally ill, has chronic alcoholism or substance abuse and needs mental health treatment and placement.
A Lanterman-Petris Short or LPS Conservatorship may be established to arrange placement and mental health treatment for persons who are unable to provide for their food, clothing or shelter as a result of a mental disorder, chronic alcoholism or substance abuse.
"Under mental health rules, a person cannot be involuntarily held without a court order beyond the days the statute allows," Sirkin explained. "First, 72 hours, then 14 days, and then 30 days. At the 30th day, a hearing has to be set to keep her longer under the LPS [Conservatorship] rules."
Here's Why Amanda Bynes Was Released From Her Psych Hold Early - E! Online (eonline.com)
Confusion who can initiate an LPS conservatorship
Conservatorship for mental health is confusing and is sometimes confused with conservatorship for people with disabilities. What is more confusing is that each county has its own rules on who can initiate a Mental Health conservatorship. For example, in Los Angeles, a family member can initiate conservatorship if someone is considered gravely disabled but not in Ventura County. In Ventura County only a mental health facility can refer someone to mental health court for conservatorship where a judge will determine if a conservatorship is needed.
As stated above if someone is mentally ill and is unable to provide for their food, clothing or shelter means they are someone as gravely disabled.
Someone must be hospitalized in a psychiatric hospital twice in a year. When a hold is written it should or must be written for gravely disabled in order to hold up in Conservator court. So, if a loved one is running in traffic and the hold is written a danger to themselves then it will be more difficult proving they are gravely disabled in front of a judge. Request that the police officer also write the hold with gravely disabled in addition to........... with supporting facts.
Not every police officer is trained to write such a hold even though most officer in Ventura County have gone trhough CIT.
Remember, your loved one will be represented by a public defender who will advocate for their client. That is why it is helpful for your loved one to be enrolled in some type of program with Ventura County Behavorial Unit and have a case worker that can help document incidents and symptoms.
People with good intentions might direct you to pick conservatorship papers at the courthouse on the bottom floor. That will not be helpful because that is not meant for mental health conservatorship. Again, in Ventura County only a mental health facility can refer someone to mental health court for conservatorship.
Why is it so difficult to get conservatorship?
So here is the sad part, in order to be gravely disabled someone must not be able to provide for themselves. So if a loved one is living with you and you are providing them with food, clothing, or shelter then they likely will not be considered gravely disabled. Remember this is a website is for information sharing and what is written here are based on lived experiences. We will update information as people share their own stories and knowledge. But it makes sense that if a loved one is being cared for then they will not be considered gravely disabled. Withdrawing third party support and having your loved one live on the street in the hopes they will get the help they need is a very difficult decision and it doesn't seem fair. People should not be punished for having a support system.
Here is the break down
Someone is homeless and mentally ill and is gravely disabled. Third party support is withdrawn. If they come to you for food and you provide meals then they have access to food.
A hold should be written for gravely disabled. Getting the police to write a hold is difficult. Taking the rights of someone is seriously taken by police officers.
It is helpful, if your loved one is taken to Ventura County Medical Center. Your loved one must be medically cleared before going to the hospital. There is a better chance if they are sent to Hillmont . VCBH has a working relationship with VCMC and Hillmont. If they go to another hospital, they can be sent far away.
For example at St John, the social worker and psychiatrist must concur with the hold and in some instances over riding the hold by the police officer. If you do not have a consent form then the hospital cannot talk to you but you can always give information to the social worker at the hospital.
Here are the numbers for the social workers at our Hospitals in Ventura County.
Varenita of Simi Valley
Community Memorial Hospital
Ventura County Medical Center
St John Regional Medical Center Camarillo
St John Regional Medical Center Oxnard
Santa Paula Hospital Hospital
Ojai Valley Community Hospital
CMHS-Port Hueneme
A bed must be found within 72 hours or the patient must be released.
If they do get sent to Hillmont, then you or/and VCBH must advocate first for 5250 which gives time for VCBH and/or you to advocate for mental health court.
Documentation and Photographs