When a person has a mental disability, often they cannot take care of their own basic needs. Once they reach adulthood, you may discover you require a special type of conservatorship for mentally disabled individuals. In California, there is a specific process you must follow so the court may appoint a conservator for adults with mental disabilities. There are many reasons this becomes necessary. Read on to learn more about conservatorship for mentally disabled in California.

Reasons for Conservatorship for Mentally Disabled

There are many reasons someone may seek a conservatorship. Conservatorship for mentally disabled individuals, however, is unique. Adults with severe psychiatric conditions, such as schizophrenia, manic depression, clinical depression, and obsessive-compulsive disorder, may all benefit from this type of conservatorship. On the other hand, LPS conservatorships (conservatorships for mentally disabled) are not for people with autism, retardation, organic brain disorders, dementia, brain trauma, or alcohol or drug addiction, unless they also have one of the serious brain disorders listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM.)

Lanterman Petris Short (LPS) conservatorships specifically serve those with mental disabilities. Courts appoint LPS conservators to help these individuals make decisions that affect their well being. For example, an LPS conservator might make financial decisions or sign documents on behalf of the disabled individual. In some cases, an LPS conservator will authorize medical treatments. However, they cannot force the individual in their care to take medicine.

What our Clients Say...
“Extremely satisfied with the performance of A People’s Choice. The communication was excellent and all was handled in a timely efficient manner.”
Pam T.
“A People’s Choice – Saved me time, money & hardship. The people are professional and a pleasure to work with, I totally recommend them to everyone! I will used them for all my legal documents in the future. Thank you!”
C. Lazalde
“I Recently used A PEOPLE’S CHOICE !!!! This service is absolutely AMAZING !!!! At first I was so confused , but after their process was explained to me , everything worked exactly the way they Said it would & they are there to help with the process. every step of the way , as promised. I would recommend this service 100% based on them being so efficient, professional, and always available to address any concerns that you may have . I appreciate the work that they did for me . THANKS !!!!“
R. Ivey
“I had the opportunity to use A People’s Choice again, Wow doesn’t say enough for the way the staff was able to get me in and out and all my answers answered. Very Professional, Organized and Friendly. I highly recommend!”
Debbie E.
“We love A People’s Choice. It’s legally run and professional. Everyone has to have a recommendation and license. Highly recommended.”
Christy C.
“I was very happy with the service received. They were extremely responsive by phone and email and completed the document in less than 24 hours! All questions were answered promptly. I would highly recommend this service to anyone needing a legal document prepared!”
M.D.
“Lightning fast response, I had my very simple document on the same day as my order for the very fair and reasonable price compared to my attorney who quoted me 3 weeks and $2500. I will definitely use these folks again and highly recommend them!”
L. Carnes
“Made the process so easy for me. Also VERY prompt replies through email. So glad I used their services.”
Kristina C.
“Great service. Highly professional and efficient creating legal documents. I am completely satisfied and highly recommend them to others. People who are looking for professional legal services look no further, try A People’s Choice.”
Radtech N.
“A People’s Choice is awesome! They made the legal documentation process painless. I highly recommend A People’s Choice. The name says it all.”
Eric J.
“The service provided by A People’s Choice was very professional and comprehensive. We have used A People’s Choice on a previous occasion and were completely satisfied. We would highly recommend A People’s Choice to anyone!”
R. Betancourt
“A People’s Choice is a great option to get legal documents prepared inexpensively. They offer a very professional, low cost service for all sorts of legal paperwork. You won’t be disappointed and will save lots of money as compared to using an expensive attorney!”
Kathryn R.
“This team is efficient, professional, ethical and easy to work with. Any of my questions were responded to immediately. They did everything they could to help me. I highly recommend their services.”
Leigh A.
“I am glad I chose A People’s Choice. They were very friendly and helped me with my documents in a very efficient way in very little time. Give them a try and you will be writing a positive review just as I did.”
D. Buelna
“This company is excellent! They helped me get through all of my paperwork, submitted it to the court, and now everything is complete. Everything was clear and almost too easy. I saved thousands of dollars!”
Seth M.
“A People’s Choice prepares legal documents so you can represent yourself and still look like you know what you’re doing. I utilized their services recently and found them to be professional as well as extremely helpful. I couldn’t be happier.”
Evan J.
“A People’s Choice is a business that delivers what they promise. I was treated like a VIP by their staff and Sandy was the best. As for their services, they promptly delivered all of the official documents and fillings on my behalf and their price is more than reasonable.
Juan B.
“I highly recommend A People’s Choice. The customer service and professionalism are exceptional. This service is only a fraction of the cost, more responsive, and better suited to quickly completing complicated court forms. “
Linda F.
“I have worked with A People’s Choice since September 2013. They are very knowledgeable and experienced. Their work is done professionally and timely. They showed a real concern for my situation. I recommend you give them the opportunity.”
D. Echeverra
“How much is peace of mind worth to you? This company of hardworking, caring individuals will help you get the job done in the quickest, most efficient way. Conveniently located. Check it out. Thank you!”
Diana K.
“I recently required the help of A People’s Choice, Inc. and found them to be entirely professional. Everything was done in short order yet all was explained to my satisfaction. They were friendly and courteous. I am happy and impressed.”
C. Zyobel
“My wife and I needed to have some papers filed in court but found that traditional lawyers were quite expensive. They did a very professional job completing our paperwork and I might say, at a very reasonable price.”
D. Hileman
“I was in need of some serious help and didn’t know what to do. I had contacted a lawyer and he wanted to charge me $1800.00. A People’s Choice got my paper work started and at a much lower cost. I am very grateful for the company’s services.
April R.
“A People’s Choice is extremely customer orientated and friendly. Their service was fast and reliable. in the future, should I need their services again, I will not hesitate to call them. All e-mails were answered with either a phone call or e-mail sometimes even late at night”
Tar
“I needed help understanding and filling out legal documents but I didn’t have enough money to pay for an attorney. I would highly recommend A People’s Choice for your legal documents as you will get outstanding service at an affordable price. “
Sharon B.
“I can’t say enough about the level of service and professionalism I received working with A People’s Choice. Emails were always responded to quickly and thoughtfully. I ended up saving a lot of money by going with A People’s Choice over an attorney.”
M. Rice
“Very professional, excellent follow up and easy to work with. I will recommend them often! The staff rocks!”
Gene A.

Get help filing a California Limited or Regular Conservatorship!

START MY CONSERVATORSHIP

…or continue reading the article below to learn more about California conservatorshp for mentally disabled individuals.

Only a mental health professional treating
the potential conservatee may initiate an LPS conservatorship.

The Preliminary Process

Unfortunately, to get a conservatorship for mentallly disabled individuals, it isn’t up to you to decide if the person is mentally ill. You must take the mentally ill person to a psychiatrist who is authorized to do LPS evaluations. After an assessment, the psychiatrist must confirm that the person is gravely mentally disabled and would be a candidate for a conservatorship for mentally disabled individuals. At that point, the psychiatrist must make a referral to the county’s Office of the Public Guardian

Remember, only a mental health professional treating the potential conservatee may initiate an LPS conservatorship. More specifically, an LPS conservatorship can only be started by a psychiatrist while a patient is in an acute psychiatric hospital. In this regard, you may find this sample referral packet helpful.

Involuntary Evaluations

So what if the person for whom you are seeking a conservatorship refuses to be evaluated? Most counties have a Mental Health Department you can contact to help you with an involuntary evaluation. After they do so, many things happen to protect the patient’s interests. The term, “conservatee” refers to the person who will be in conservatorship. The conservator is the person who will help the mentally disabled person find care. This is a big responsibility, so you must be highly trustworthy. The Office of Public Conservator has the job of making sure you are a good fit for the position.

Before a conservatorship hearing, the Office of Public Conservator will conduct an investigation. During the investigation, the court appoints a temporary conservatorship that lasts only 30 days. Also, the court will appoint an attorney to represent the patient.

The Public Conservator investigates every angle of the case, including finances, medical conditions, work, and family situations. They will explore all possible alternatives to conservatorship. After the investigation is complete, the Public Conservator makes recommendations concerning who should be the conservator and what specific powers they should hold. The Public Conservator will only recommend conservatorship for mentally disabled if the investigator finds beyond a reasonable doubt the patient cannot take care of their basic needs due to “grave mental disability.”

Keep in mind, this process is often frustrating and emotional for both the potential conservator and the conservatee.

The Conservatorship Hearing

Once the investigator makes their recommendations, the case goes before a judge. That judge decides whether to establish a general conservatorship for mental disability. During the hearing, the patient may object. However, if the judge decides a conservatorship serves the interests of the conservatee, they will establish a general LPS conservatorship for one year. The court will continue to supervise you and review it annually.

If a conservatee responds to treatment and improves, they may petition to end the conservatorship. If you wish to retain conservatorship, you should prepare a petition to renew it two or three months before the current conservatorship expires. This process is not complicated, but you must file the right forms and paperwork. A People’s Choice can help you with this process.

Other Options and Scenarios

Often, people find conservatorship for mental disability confusing because there are many types. For example, the LPS conservatorship does not apply for cases of dementia, traumatic brain injury, or developmental disability. A People’s Choice can help you obtain these types of conservatorships, but the process and kind of conservatorship are different.

For example, you use a similar process for obtaining limited conservatorship for people with severe autism or IQ less than 70. However, the potential conservator initiates that process rather than a mental health professional. In these cases, you must file a petition with the court. Next, the conservator must serve copies of the petition to the conservatee and their close relatives, such as parents, spouse, siblings, grandparents, and grandchildren.

Then, the court investigates to determine the necessity of the conservatorship. You may need to provide Letters of Capacity from a physician to make your case. Limited conservatorships for developmentally disabled individuals last a lifetime, so the courts are cautious when evaluating all angles of the case. The court may only terminate these conservatorships because they do not expire.

How to File for Conservatorship for Mentally Disabled

If you need to file an LPS Conservatorship you will need to reach out to the mental health professional treating the proposed conservatorship. For any other type of conservatorship, such as a limited conservatorship or standard conservatorship, please contact A People’s Choice. If you have price shopped with attorneys, you probably learned fees could run between $10,000 or more for a conservatorship. These fees often make it impossible for people to seek a conservatorship.

Doing it yourself is another option, but you will probably find the paperwork extremely difficult and confusing. If you don’t know what you are doing, the process can be overwhelming taxing; and making a mistake can prolong the process. Going back to rectify errors may have emotional costs as well as financial ones. A People’s Choice can help you through the process, from filing the right documents to understanding the process and steps.  Our fees are a fraction of what an attorney charges. Give us a call at 800-747-2780  to find out how we can help you. We have staff available Monday through Sunday from 8:00 am to 8:30 pm.

Get help with your Legal documents today!

A People’s Choice can save you hundreds of dollars by preparing your legal documents instead of an expensive attorney!

GET STARTED!

Was this article helpful? We would love to know your thoughts! If you found this article helpful, please check the LIKE button below. Your feedback helps us plan topics for future articles.