A 5150 is an involuntary psychiatric hold. If a family member with Alzheimer’s disease or dementia is placed in a psychiatric facility on an LPS hold in California, you will soon become acquainted with 5150, 5250, 5260, and 5270. I’ve included a copy of the LPS Holds Chart for your review. If you do find yourself involved with an LPS, my recommendation is that you consult an attorney.
LPS HOLDS CHART
|
LPS HOLDS |
CRITERIA |
COURT PROCEEDINGS |
|||
| GRAVELY DISABLED | DANGER TO SELF | DANGER TO OTHERS | |||
| 72-HOUR WIC 5150 EVALUATION & TREATMENT |
ONE OR ALL MAY APPLY |
1. No probable cause hearing.2. May request Riese hearing (Decision regarding Riese carries through 14-day hold). | |||
| 14 DAY WIC 5250 3-DAY EXTENSION WHEN CONSERVATORSHIP APPLIED FOR |
ONE OR ALL MAY APPLY |
1. Probable cause hearing must be held during first 4 days of hold unless patient request by-pass writ of habeas corpus, 24 hr. postponement, and signs voluntary or is discharged.2. Patient may request one writ of habeas corpus hearing at any time during 14-day hold.3. Riese hearing maybe requested anytime during 14-day hold. Each subsequent hold requires a new Riese hearing. | |||
| ADDITIONAL 14-DAY WIC 5260 |
ONLY CRITERIA WHICH APPLIES |
1. No probable cause or court hearing required.2. Original additional 14 certification form and 2 affidavits must be sent to mental health court.3. Patient may request writ of habeas corpus any time during 14-day period.4. New Riese hearing may be requested anytime during 14-day period. | |||
| 30-DAY WIC 5270 |
ONLY CRITERIA WHICH APPLIES |
1. Probable cause hearing must be held during first 4 days of hold unless patient requests by-pass writ of habeas corpus, 24 hr. postponement, and signs voluntary or is discharged.2. Patient may request writ of habeas corpus any time during 30-day period.3. New Riese hearing may be requested anytime during 30-day period. | |||
| 180-DAY WIC 5300 RENEWABLE |
ONLY CRITERIA WHICH APPLIES |
1.Requires contact with D.A. several days prior to expiration of 14-day hold.2. Requires the District Attorney to file a petition with the court and an arraignment hearing in court.3. New Riese hearing may be requested anytime during 180-day period. | |||
| TEMPORARY CONSERVATORSHIP 30 DAYS TO 6 MONTHS |
ONLY CRITERIA WHICH APPLIES |
1. Requires application by the treating physician to the Public Guardian’s Office.2. Judge reviews application and determines whether to grant or deny temporary conservatorship (T-Con).3. Patient may request writ of habeas corpus any time during T-Con period.4. New Riese Petition may be filed with County Counsel. | |||
| “PERMANENT” CONSERVATORSHIP 1 YEAR RENEWABLE |
ONLY CRITERIA WHICH APPLIES |
1. Requires court hearing. Physician may be required to testify in court.2. Patient may request re-hearing on conservatorship, rights denied, disabilities imposed once every six months. | |||
| RE-APPOINTMENT OF “PERMANENT” CONSERVATOR |
ONLY CRITERIA WHICH APPLIES |
1. Requires conservator petitioning for reappointment and a court hearing. | |||
NOTE: Each hold requires a new Riese hearing except when going from the 72 hour to the 14-day.
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