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What is a Medication Capacity Hearing?

A Medication Capacity or Riese Hearing (WIC 5332-5334) is a facility-based hearing to determine if a person on any of the LPS holds, other than a temporary conservatorship or conservatorship, has the capacity to refuse psychiatric medications. Hearings for persons on temporary conservatorship must be requested through Public Guardian/County Counsel and the hearing is held in Department 95A. If the person is on conservatorship, the conservator should be notified and advised to request a hearing with the Court which will be held also in Department 95A. The initial Riese hearing for LPS holds must be held at the facility. The treating physician must file (FAX) a petition to the Mental Health Counselor's office. The hearing must be scheduled within 72 hours. The decision of the Mental Health Hearing Referee may be appealed to the Court by either the patient or the treating physician. The current treating physician must present the evidence at both the facility-based hearing and any subsequent Court hearing. This type of hearing is also known as an antipsychotic medication capacity hearing.


To view the conduct of Riese Hearings Information Booklet for Doctors and Hospitals, go to the Riese Hearings Information Booklet.

The Petition and Declaration Regarding Capacity to Give Informed Consent to Medication (Riese Petition)  form must be completed.


For the Los Angeles Superior Court local form listed above, go to the Mental Health Forms.

  • Important
  • Medication Capacity hearings for persons on a temporary conservatorship are held in Department 95A.
What are the different hearings held under the Lanterman-Petris-Short (LPS) Act
More Mental Health Q&A Topics
Mental Health Basics
Questions about Organization of Mental Health Court
Questions about Lanterman-Petris-Short (LPS) Act
What are the different hearings held under the Lanterman-Petris-Short (LPS) Act
Initial Conservatorship
Private Conservatorship
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