Lanterman-Petris-Short (LPS) Conservatorship

Lanterman-Petris-Short (LPS) Conservatorship California Welfare & Institutions Code §5350 - 5352 and Murphy Conservatorship (California Welfare & Institutions Code § 5008 (h) (1) (B))

Lanterman-Petris-Short (LPS) Conservatorship and Murphy Conservatorship are two distinct types of mental health conservatorships in California, each with its own purpose and target population.

LPS Conservatorship is designed for individuals suffering from a mental disorder or chronic alcoholism, who may be a danger to themselves or others. This type of conservatorship aims to provide help for persons who need mental health treatment but cannot or will not accept it voluntarily. The conservator is responsible for finding a suitable placement and mental health treatment for the conservatee. LPS conservatorships have a one-year duration and must be renewed annually if necessary. These cases are confidential, and the conservatee’s civil rights are protected with special measures, given that they may be placed in a locked facility.

Murphy Conservatorship is specifically for adults with severe mental disorders who have pending criminal charges for violent felonies and have been found incompetent to stand trial under the California Penal Code section 1370. These individuals may be dangerous and are unable to understand the nature and purpose of the criminal proceedings against them or assist their counsel in a rational manner due to a mental illness or developmental disorder. A Murphy Conservatorship can become a long-term commitment, reestablished annually until the conservatee’s competency is restored.

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