Families in Crisis: Conservatorships and What To Do When Your Loved One Cannot Care for Themselves

Conservatorship is a court process that gives a responsible adult (the conservator) legal authority to make decisions for someone (the conservatee) who cannot safely make decisions about personal care, finances, or both. In Orange County, as elsewhere in California, the primary types families encounter are (1) probate conservatorship (general or limited), and (2) LPS conservatorship (for persons who are "gravely disabled" because of serious mental illness). The county Public Guardian often plays a central role for LPS conservatorships and in cases where no family conservator is available. LPS conservatorships often arise from hospital holds (5150/5250) and are subject to specific Welfare & Institutions Code provisions; probate conservatorships use Judicial Council probate forms and Probate Code rules. (Sources: Orange County Superior Court and Orange County Public Guardian documentation.) Orange County Superior Court+1

Short descriptions first, then details.

Probate conservatorship (general): for adults unable to provide for personal needs (food, clothing, shelter, health) or to manage finances because of dementia, brain injury, cognitive impairment, etc. Can be conservatorship of the person, the estate (finances), or both. The court may appoint a family member or another qualified person. Orange County Superior Court+1

Limited conservatorship: specifically for adults with developmental disabilities (DDS jurisdiction plays a role); the conservator's powers are limited to enumerated areas. Not typically used for substance use/mental health unless developmental disability is present. Self-Help Guide to the California Courts

Temporary conservatorship: short term (often to get someone out of immediate danger or to allow urgent decisions). Forms exist (GC-111 in Judicial Council packet). California Courts+1

Lanterman-Petris-Short (LPS) conservatorship (Welfare & Institutions Code): created for persons who are "gravely disabled" due to serious mental disorder or impairment by chronic alcoholism; can be initiated by the county (Public Guardian), often after involuntary hospitalization (5150/5250) procedures. LPS conservatees may be placed in locked facilities and the conservator can make treatment and placement decisions. (WIC §5350 et seq.) Justia+1

Who may petition (probate conservatorship):

• Any adult (often a family member), the proposed conservator, or county/local agencies (e.g., Adult Protective Services) can file a petition to the probate court requesting appointment. Petitioners use Judicial Council forms (GC-310, etc.). Self-Help Guide to the California Courts+1

Who may petition (LPS conservatorship):

• Only the county (through its Public Guardian or county mental health officer) may petition for LPS conservatorship; it typically begins at or after hospitalization when staff determine the person remains gravely disabled. Families cannot directly file an LPS petition - they work with hospital staff and county agencies. OC Health Care Agency+1

Who may be appointed conservator:

• The court prefers a qualified family member or friend who is willing and able. If none is appropriate/available, the court may appoint a professional conservator or the county Public Guardian/Administrator. In Orange County, the Office of the Public Guardian will serve when required. OC Health Care Agency+1

Legal standard (probate): A conservator of the person may be appointed when the proposed conservatee "is unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter." (Probate Code §1801 et seq.) For conservatorship of the estate, inability to manage finances/estate is required. A capacity assessment (GC-335) by a qualified clinician is typically required. Justia+1

Legal standard (LPS): Person must be "gravely disabled" due to mental disorder or chronic alcoholism - that is, unable to provide for basic needs due to mental illness; LPS has its own procedures and protections. Justia

Practical signs families see (dual-diagnosis emphasis):

• Repeated hospitalizations on 5150/5250 holds for psychosis or suicidal risk.
• Severe neglect of self (filthy living conditions, not eating, losing weight).
• Repeated failure to attend appointments or accept treatment because of illness or substance use.
• Serious financial exploitation or inability to pay bills or manage funds.
• Dangerous behavior when intoxicated or psychotic (risk to self/others).

If the primary problem is active substance intoxication/withdrawal alone, conservatorship is less likely to be an appropriate remedy unless there is a concurrent grave mental disorder rendering the person gravely disabled.

This is a practical walkthrough (family-facing).

1. Determine type needed - person vs. estate, general vs. limited, temporary needed? (If the person is currently in hospital on an involuntary hold, the LPS pathway may apply; otherwise probate petitioning by family is the usual route.) Orange County Superior Court+1
2. Collect documentation and evidence - medical records, police reports, 5150/5250 history, examples of neglect or incapacity, financial statements, pay stubs, benefit information, and contact info for witnesses (friends, clinicians). See the evidence checklist in section 12 below.
3. Complete the required Judicial Council forms - core forms include:
   • GC-310 Petition for Appointment of Probate Conservator (starts the case).
   • GC-335 Confidential Capacity Assessment (must be completed by a physician, psychologist, or other approved clinician).
   • GC-020 Notice of Hearing and proofs of service.
   • GC-110 (for temporary conservatorship, if urgent).
     Orange County has a conservatorship self-help packet and will accept these forms; the court's self-help office can review them pre-filing. California Courts+2California Courts+2
4. File the petition at the Superior Court of Orange County - Probate Division - pay filing fees (waivers available for low income). Court will set a hearing date. Orange County provides self-help and sample packets. Orange County Superior Court
5. Serve notice - the proposed conservatee and specific relatives must be served with notice of the petition and hearing (rules set in Probate Code). Proof of service filed with the court (GC-020 and related attachments). San Joaquin Superior Court
6. Investigation & reports - the court may order a conservatorship investigation (in some counties the Public Guardian or an investigator prepares a report). A capacity declaration (GC-335) must be on file for probate conservatorships. San Diego Superior Court+1
7. Hearing - the judge will hear evidence. The conservatee has the right to counsel (court will appoint counsel if the conservatee cannot afford one). The judge decides whether the petitioner proved incapacity and whether conservatorship is appropriate.
8. Orders & letters of conservatorship - if appointed, the conservator receives Letters (court document) describing powers; conservator's duties include care, bond, filing inventory/accounting, and compliance with court orders. Conservatorship can be limited or general and may require periodic reports to the court. Self-Help Guide to the California Courts

Timeline: A non-contested probate petition typically takes several weeks to months (time to arrange clinician evaluation and court scheduling). Temporary conservatorship can be obtained faster in urgent cases. Local rules and court calendars in Orange County determine exact timing. Orange County Superior Court

When LPS applies: LPS conservatorships are for adults who, because of mental disorder or chronic alcoholism, are gravely disabled and cannot provide for their basic personal needs. LPS procedures are governed by the Welfare & Institutions Code (e.g., §5350 et seq.). Justia

How LPS conservatorship is initiated:

• Typically begins during a hospitalization under 5150/5250 (involuntary detention). At the end of a 14-day hold (and if the person still meets criteria), hospital staff may initiate a request for temporary conservatorship; the county Public Guardian then file a petition for a 30-day temporary LPS conservatorship and, thereafter, a permanent LPS conservatorship hearing can be requested. The Public Guardian often conducts the conservatorship investigation and files the petition. Families generally cannot directly file an LPS petition. Disability Rights California+1

Powers & limitations: LPS conservators have authority over placement and some treatment decisions; however, treatment rights and involuntary medication standards have special rules and protections (e.g., due process and clinical findings). Courts review continued need for conservatorship at set intervals.

Practical family role: Families can provide history, collaborate with hospital staff and the Public Guardian, and provide testimony at hearings. They often supply critical background on substance use patterns, prior treatment, and support networks.

Conservator of the person: handles living arrangements, medical care, placement, and day-to-day personal decisions. Conservator cannot generally make decisions that the conservatee retains - the court order should list powers specifically. Self-Help Guide to the California Courts

Conservator of the estate: handles finances - access to bank accounts, paying bills, managing retirement/benefit income. A conservator of the estate usually must post a bond and file inventories and accounting with the court.

Limited conservatorship: powers specifically listed; used largely for developmentally disabled adults.

Special powers: petition can ask for particular powers (e.g., permission to receive Social Security funds, authority over medications when the court finds incapacity regarding medical consent - see GC-380 for exclusive authority to consent to medical treatment). These must be requested and justified in the petition. Contra Costa Superior Court

• The proposed conservatee has a right to be notified of the petition and hearing.
• The proposed conservatee has the right to legal counsel at the hearing; if indigent, the court will appoint counsel.
• The proposed conservatee may object and present evidence.
• The court requires a medical/clinical capacity declaration (GC-335) showing incapacity before appointing a conservator. California Courts+1

Because conservatorship restricts rights significantly, courts prefer less restrictive means whenever possible. Alternatives families should consider:

• Supported decision-making agreements - legal tools where loved ones assist the person without removing legal rights.
• Advance health care directives and durable powers of attorney (if executed when the person had capacity).
• Representative payee for benefits - Social Security representative payee for finances (less intrusive than estate conservatorship).
• In-home supports, case management, outpatient treatment, ACT teams (Assertive Community Treatment), and housing programs - often coordinate care without court intervention.
• Mental health diversion programs, outpatient commitment (where applicable), and community treatment orders - vary by county and legal framework.

For dual-diagnosis, integrated treatment and Assertive Community Treatment (ACT) programs can sometimes stabilize an adult without conservatorship.

Key realities:

• Substance use complicates conservatorship because the law is less likely to treat substance use alone as grounds for permanent conservatorship (unless it causes grave disability via mental disorder). Courts examine whether the person's inability to care for self is due primarily to mental disorder vs. voluntary intoxication. LPS conservatorship can apply where chronic alcoholism causes grave disability. Justia
• Individuals who cycle in/out of voluntary treatment may not meet the high legal thresholds for probate/LPS conservatorship unless clear clinical evidence of incapacity exists.

Treatment & community options in Orange County (examples):

• Orange County Behavioral Health Services / CalOptima behavioral health programs provide outpatient and crisis services; they coordinate with hospitals and Public Guardian when conservatorship is being evaluated. OC Health Care Agency+1
• NAMI Orange County offers family education, crisis planning, and peer supports-very useful in dual-diagnosis situations. NAMI Orange County+1
• Integrated dual-diagnosis treatment teams and medication-assisted treatment (for opioid use disorder) are part of county programs or contracted providers. Families should ask county behavioral health for specific programs and referrals. OC Health Care Agency

Enforcement and medication: For LPS conservatees, courts and conservators may have the authority to place conservatees in treatment facilities and, in some circumstances, to consent to involuntary medication if statutory standards are met. Probate conservators of the person may petition the court for authority regarding medical treatment (GC-380 and attachments).

Below are key agencies and resources families should contact early in the process:

Orange County Superior Court - Probate Division (forms & self-help): conservatorship info, packet downloads, and self-help services to review forms. Orange County Superior Court+1

Orange County Office of the Public Guardian: supervises LPS and probate conservatorships when the county is involved; performs investigations for LPS petitions. Useful when there is no appropriate family conservator. OC Health Care Agency

Orange County Health Care Agency - Behavioral Health Services: for crisis response, outpatient programs, case management, and SUD services. They handle coordination with hospitals and community treatment teams. OC Health Care Agency

NAMI Orange County: education, crisis planning, family support groups, and peer resources for mental illness and dual-diagnosis. NAMI Orange County+1

Legal resources & clinics: Orange County Superior Court offers self-help clinics and sample packets; there are also local legal aid organizations and private elder-law or conservatorship attorneys who specialize in probate and LPS matters. The court's self-help packet lists local legal assistance options. Orange County Superior Court

Crisis services: if the person is in immediate danger or suicidal, call 911 or the county mobile crisis team. In addition, 988 is the national suicide & crisis lifeline (for mental health crises). (Local mobile crisis numbers vary by county - contact OC Behavioral Health.) OC Health Care Agency

Document/Evidence checklist

• Medical records showing diagnosis, hospitalizations (5150/5250 dates).
• Treating clinicians' opinions (contact info) and willingness to complete GC-335.
• Records of inability to manage finances (past-due notices, bounced checks).
• Photographs or reports of living conditions, eviction notices.
• Police reports or APS investigations.
• List of proposed conservator's qualifications and background (employment, contact, relationship).
• Names/addresses of relatives and close contacts (for required service).

Common pitfalls

• FAILURE TO PROVIDE A CLINICIAN CAPACITY DECLARATION (GC-335) - this often delays or defeats a petition. Ensure a qualified clinician completes it. California Courts
• UNDERESTIMATING THE NECESSITY OF NOTICE/SERVICE - the court requires strict service rules and notice to relatives.
• PICKING A CONSERVATOR WHO IS NOT READY - conservatorship imposes duties (bonding, filing inventories/accounts); family members should understand obligations.
• USING CONSERVATORSHIP WHEN LESS-RESTRICTIVE MEASURES MIGHT WORK - courts favor the least restrictive alternatives.

Practical tips

• Start by talking to the person's treating clinician/hospital social worker - they can advise whether an LPS pathway is likely and can help with clinician declarations.
• Use the court's self-help packet and, if possible, get the self-help office to review forms before filing. Orange County Superior Court
• If finances are the main problem and the conservatee still has capacity for other matters, consider representative payee for benefits or limited estate conservatorship instead of a full conservatorship.
• Keep thorough contemporaneous records of incidents showing incapacity - these are persuasive at hearing.

Orange County Superior Court-conservatorship info & form packet. Orange County Superior Court+1
Judicial Council forms:

• GC-310 - Petition for Appointment of Probate Conservator. California Courts
• GC-335 - Confidential Capacity Assessment and Declaration. California Courts
• GC-111 - Petition for Appointment of Temporary Conservator (if urgent). San Joaquin Superior Court

Statutes & legal references:

• Probate Code §1801 et seq. (standards for appointment of conservator). Justia
• Welfare & Institutions Code §5350 et seq. (LPS conservatorship). Justia

Advocacy & family resources:

• NAMI Orange County. NAMI Orange County
• Orange County Behavioral Health Services (CalOptima & county programs). OC Health Care Agency+1

Criminal law comes into play when a person with a conservatorship or suspected mental health disorder is involved in criminal proceedings. A person who is mentally incompetent or unable to assist in their own defense may not be able to stand trial. This is where conservatorships and criminal law intersect.

Here are the key areas of overlap:

• Competency to Stand Trial: A person involved in a criminal case may be evaluated for mental competency. Under California Penal Code section 1367, a defendant must be mentally competent to stand trial. If the person is found to have a mental disorder that impairs their ability to understand the nature of the charges or assist in their defense, they can be declared incompetent to stand trial.
• Mental Health Evaluations: When a person has a mental health condition (such as schizophrenia, bipolar disorder, or severe depression), the court may order a mental health evaluation to determine whether the individual is fit to proceed with criminal charges. If the person is under a conservatorship, the conservator might be involved in the legal process, providing relevant information about the defendant's mental health status.
• Involuntary Commitment or Treatment: If a person is found to be mentally incompetent to stand trial, they may be sent to a mental health facility for treatment. In some cases, a conservator may already be appointed to help manage the individual's care, which may involve coordination between the conservatorship and criminal proceedings.
• Criminal Liability and Mitigation: If a person with a conservatorship is involved in a criminal act, the defense attorney might argue for mitigation based on the individual's mental state, either to reduce charges or seek alternative sentencing like mental health treatment programs instead of incarceration.

A criminal defense attorney should become involved in cases where an individual who is mentally impaired or has a conservatorship is facing criminal charges. Their involvement becomes crucial in the following scenarios:

• Determining Competency: If the defendant has been diagnosed with a mental illness or disability and may not be able to participate in their defense or understand the charges, a defense attorney should request a competency evaluation under Penal Code 1368. The attorney needs to ensure that the defendant's constitutional rights are protected, and they receive a fair trial.
• Assessing the Role of Conservatorship: If the defendant is under a conservatorship, the defense attorney needs to understand how this might impact the legal proceedings. For example, the attorney may need to work with the conservator, medical professionals, or psychologists to assess the defendant's mental health status and whether it affects their ability to stand trial or understand the proceedings.
• Mental Health Defenses: If the defendant's mental health is a factor in the crime, the attorney may raise an insanity defense (under Penal Code 25) or argue for a diminished capacity defense. In this case, the defense attorney will need to gather medical and psychological evidence and possibly work with a conservator to evaluate the defendant's mental state at the time of the offense.
• Post-Conviction Considerations: If the defendant is convicted but has a conservatorship due to a mental disorder, the defense attorney might advocate for alternatives to prison, such as mental health treatment in a hospital or facility, rather than incarceration.
• Collaboration with Conservator: In some cases, a criminal defense attorney may need to work with the conservator to ensure that the defendant receives proper treatment and to understand the specific needs of the individual. The conservator might have critical information about the defendant's mental health history, treatment, and prognosis.

If you're dealing with a situation where a criminal defendant also has a conservatorship or mental health issues, it's crucial to have a defense attorney who is experienced in handling both criminal and mental health law to navigate the complexities of the case effectively. William Weinberg, an Irvine, California criminal defense attorney can help with these issues, across Orange County, whether it be Newport Beach, Santa Ana, Tustin, Garden Grove or Westminster, or any other city within the county. He may be reached at bill@williamweinberg.com or 949.474.8008.