Civil commitments are legal processes through which a person can be involuntarily detained and treated for mental health issues or dangerous behavior. These processes are generally used when a person poses a risk to themselves or others, or is disabled due to a mental health disorder or chronic alcoholism.

Conservatorship

In Conservatorship Cases, the PDP is appointed to represent clients who, due to a mental illness or developmental disability, are alleged to be unable to manage their finances, meet their own needs of food, clothing or shelter, or are a danger to themselves or others.

Probate Conservatorship

A Probate Conservatorship is established primarily for adults with severe limitations who need someone else to manage their finances. When the court determines a person needs a probate conservatorship, family members have priority in being named conservators. If there is no willing or appropriate conservator, the Public Guardian is appointed as conservator. The PDP is then appointed to represent the conservatee’s interest.

LPS Conservatorship

The Lanterman-Petris-Short Act (LPS), codified in the Welfare and Institutions Code, allows the court to appoint a person to act in the best interest of a gravely disabled individual to ensure their basic needs for food, clothing, and shelter are met, and if required, to provide the disabled individual with psychiatric care and treatment.

The PDP can appoint an attorney to advocate for mental health patients who want to contest their involuntary treatment under the provisions of the Lanterman-Petris-Short Act and sections of the Welfare and Institutions Code.

CARE Court

San Mateo County’s CARE Court was established in July of 2024 as part of the Community Assistance Recovery & Empowerment Act (CARE) to provide support and services for people with mental health disorders. In certain cases, CARE Court could be an alternative to conservatorship or incarceration through a court-ordered CARE plan or volunteer CARE agreement.

A petition must be filed in civil court to request C.A.R.E. Act proceedings. If the court determines an individual is eligible to participate in CARE Court, the PDP will assign an attorney at no cost to the respondent.

To be eligible for CARE Court, the individual must be 18 years or older and have a diagnosis on the schizophrenia spectrum or other psychotic disorders.

Additional Resources

Contempt

When a person is found in contempt of court in Family Law, the PDP will appoint an attorney to represent clients in Family Law cases. This usually occurs when an individual has been served with an Order to Show Cause and Declaration for Contempt for violation of a court order. Examples include:

  • An individual has been charged with violating Penal Code section 270, an alleged failure to provide their child or children with necessary food, clothing, shelter or money.
  • An individual is charged with violating Penal Code section 166(4), an alleged violation of a court order to pay child support.
  • There is a non-dependency court action to terminate an individual’s parental rights.
  • An individual has been served with a Petition to Determine Paternity.