Conservatorship
Resources

On this page, you can find information about what a conservatorship means, how it can be started or ended, and more!

What is a conservatorship?

“Lanterman-Petris-Short (LPS) Conservatorship supports adults who are unable to meet their basic needs and accept voluntary treatment due to serious mental illness or severe substance use disorder. Within San Francisco’s Department of Disability and Aging Services (DAS), the Public Conservator facilitates the conservatorship process and oversees the care of people who are conserved. The Public Conservator accepts conservatorship referrals from hospitals, designated facilities, and community clinics. A referral is a form that trained medical experts complete to explain why they believe a person should be put under conservatorship. The referred person must be considered “gravely disabled” due to a serious mental health disorder or severe substance use disorder. Further, their disabling condition must prevent them from meeting their basic needs. This individual must also be unable or unwilling to accept voluntary treatment. If the person meets these conditions and is gravely disabled, the Superior Court may grant a conservatorship and appoint the Public Conservator to look after their care. The Public Conservator must:

Work together with medical and mental health clinicians
Approve psychiatric treatment and placement.
Arrange for other helpful services to help the person recover in the least restrictive setting possible.”

Via San Francisco Human Services Agency

How does a conservatorship get started?

“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.”

Via Superior Court of California - County of San Francisco

What is a temporary conservatorship?

“During the 30-day period of temporary conservatorship, the Public Conservator is required to prepare a comprehensive written report to the Court. The report must contain all relevant aspects of the proposed conservatee’s medical, psychological, financial, family, vocational and social condition, and information obtained from the person’s family members, close friends, social worker or main mental health therapist. The Public Conservator also must investigate all possible alternatives to conservatorship. If the conservatorship investigation results in a recommendation for conservatorship, the Public Conservator also makes recommendations as to what specific powers should be denied to the person. The most important recommendation is whether or not the person can keep the right to give or withhold consent to psychiatric treatment, including medication. A copy of the investigator’s report must be furnished to the person recommended for conservatorship.”

Via Superior Court of California - County of San Francisco

Can I request a conservatorship for my loved one?

“Only psychiatrists and clinical psychologists may make referrals for conservatorship.”

Via Office of the Mayor of San Francisco

How do I get off of a conservatorship?

“Even if you lose your conservatorship hearing or trial, there are things you can do to challenge your placement into a conservatorship.

1. Rehearings

You can petition (ask) the court for a rehearing to see whether you should be on a conservatorship. If you ask, you are entitled to a rehearing as to whether you should be on a conservatorship at all. At a rehearing, you have the burden of proving that you are not gravely disabled. You do not have the right to a jury trial at the rehearing. WIC § 5364. Also be aware that once you have had your rehearing, you may not request another rehearing for six months. WIC § 5364.

The easiest way to request a rehearing is to contact the lawyer who represented you when you were placed on conservatorship. Tell the lawyer that you would like to petition the court for a rehearing.

2. Writ of Habeas Corpus

The United States Constitution allows anyone who believes they are being held illegally by the government (including by a conservator) to file a "writ of habeas corpus" to challenge the confinement. There is also a special law in California that allows any state hospital patient to file a writ. WIC § 7250. Ask your lawyer or advocate for assistance.

3. Annual Conservatorship Renewal

After each full year of conservatorship, the county must decide whether to drop the conservatorship or to ask the court to renew it. If the county decides to renew your conservatorship, you may challenge it and ask for a new trial before a judge or a jury. WIC § 5362.”

Via Disability Rights California

What is Senate
Bill 43?

“Starting January 1, 2024, California Senate Bill 43 changed the rules about what it means to be ‘gravely disabled.’ Before this change, only people with serious mental health needs and chronic alcohol abuse could be conserved. Now, it is also possible for people with a severe drug use problem. If a person can’t take care of their basic needs because of their mental health condition or addiction problem, then they are considered gravely disabled. The definition of these basic needs also changed under Senate Bill 43. Previously, someone was considered gravely disabled if they could not provide for their own basic needs for food, clothing, and shelter; that now also includes not being able to manage their own critical medical care and stay safe in their community.”

Via San Francisco Human Services Agency

San Francisco Public Conservator

The court appoints the Public Conservator to support adults who are unable to meet their basic needs and accept voluntary treatment due to serious mental illness, chronic alcoholism, or severe substance use disorder. The Public Conservator has the legal responsibility to:

Collaborate with medical and mental health clinicians.
Authorize psychiatric treatment and placement.
Coordinate other supportive services to promote wellness and recovery in the least restrictive setting possible.

If you wish to learn more about conservatorship:

Contact the Department of Disability and Aging Services (DAS) Benefits and
Resources Hub by phone at (415) 355-6700 or in person at 2 Gough Street.