Power of Conservator to Return Conservatee to the Facility
If the conservatee leaves the facility without the approval of the conservator or the person in charge of the facility, the conservator may take the conservatee into custody and return the conservatee to the facility. Welf & I C §5358.5. Any request to a peace officer must be in writing and be accompanied by a certified copy of the letters of conservatorship. Either the conservator or the assistant or deputy may request detention. Welf & I C §5358.5.
When the conservatee leaves the facility without permission or runs away, the conservator may be held responsible for detaining the conservatee and bringing them back to the facility. In this case the conservator may seek the aid of local law enforcement to bring the person back. Law enforcement may use unmarked cars and officers to find and detain the person.
In regards to the conservatee running away, the conservator is not held liable for any actions the conservatee may perform. For example if the conservatee runs away and harms someone else, the conservator is not held responsible for the conservatee's actions given that the conservator performed reasonable measures to prevent the conservatee's escape. If the conservator had provided the conservatee with a car or other means of escape, they may be held liable.
LPS conservators (temporary and 1-year), public guardians, and peace officers who apprehend conservatees under Welf & I C §5358.5 are free from civil or criminal liability for any actions taken by the conservatee. Welf & I C §5358.1.
If the conservatee leaves the facility without the approval of the conservator or the person in charge of the facility, the conservator may take the conservatee into custody and return the conservatee to the facility. Welf & I C §5358.5. Any request to a peace officer must be in writing and be accompanied by a certified copy of the letters of conservatorship. Either the conservator or the assistant or deputy may request detention. Welf & I C §5358.5.
When the conservatee leaves the facility without permission or runs away, the conservator may be held responsible for detaining the conservatee and bringing them back to the facility. In this case the conservator may seek the aid of local law enforcement to bring the person back. Law enforcement may use unmarked cars and officers to find and detain the person.
In regards to the conservatee running away, the conservator is not held liable for any actions the conservatee may perform. For example if the conservatee runs away and harms someone else, the conservator is not held responsible for the conservatee's actions given that the conservator performed reasonable measures to prevent the conservatee's escape. If the conservator had provided the conservatee with a car or other means of escape, they may be held liable.
LPS conservators (temporary and 1-year), public guardians, and peace officers who apprehend conservatees under Welf & I C §5358.5 are free from civil or criminal liability for any actions taken by the conservatee. Welf & I C §5358.1.