Lanterman-Petris-Short Conservatorship For Mental Illness
Read The Mental Health Conservatorship (LPS Conservatorship) for a through explanation of Lanterman-Petris-Short Conservatorships. This article is a great place to start if you are new to this subject.
The 5358.5 Code
The 5358.5 code serves as the vehicle for LPS conservators to place their LPS conservatee into a hospital setting for treatment when the conservator determines the conservatee is in the process of decompensation. The code provides the legal vehicle to place the conservatee back into an appropriate hospital setting to prevent the conservatee from further mental instability.
Officers called to the scene, must comply with the code. It is essential to have a filled-in copy of the Conservator Requesting Peace Officer Assistance Form filled out, along with certified copies of the court conservatorship papers naming you as the conservator. Have your ID handy.
Any responding crisis assessment or psychiatric evaluation team is not involved with the evaluation process, as the code does not mandate evaluation criteria. The courts have already determined the individual to be gravely disabled. The code is the vehicle to put the individual back into a locked facility to deter the process of further decompensation.
The police are to transport the individual to an appropriate facility and that the facility is to place the individual. The hospital team is not to assess the consumer but to find the proper placement. Once placed, the doctor at the treating hospital determines the course of treatment.
If the police refuse to take the consumer into a treatment facility, it may be necessary to request that a supervisor from the police department come to the location. Before taking this last step, be sure to provide the officers with your written request including a copy of the code, your conservatorship papers, and your id.