There are two types of conservatorships, probate and LPS and their definitions are as follows:

1. An LPS conservatorship is for adults with mental illnesses listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).

The most common illnesses are serious biological brain disorders, such as:

• Schizophrenia,
• Bi-Polar Disorder (Manic Depression),
• Schizo-affective Disorder,
• Clinical Depression, and
• Obsessive Compulsive Disorder.

Under the law, the court must find the proposed conservatee to be “gravely disabled” as a result of their mental illness. This means they are unable to care for themselves and provide food, clothing, and shelter. LPS conservatorships are not for people with organic brain disorders, brain trauma, developmental delay or retardation, alcohol or drug addiction, or dementia, unless they also have one of the serious brain disorders listed in the DSM.

2. A probate conservatorship is a legal process whereby a family member or other interested party receives official permission from a California Superior Court to take over part or all of the decision making for an adult whose ability to make their own decisions is impaired. You may apply to the court for conservatorship of person, estate or both. To receive conservatorship of person, you must show that the adult cannot provide himself or herself with food, clothing, or shelter. A conservatorship of estate requires you to show the adult is substantially unable to manage his or her own finances or to resist undue fraud or influence.