CONSERVATEE'S RIGHT TO NOTICE

Many conservatees find that they have been placed under a T-con without being informed by their doctor. They may have learned from getting their letters of temporary conservatorship and orders of temporary LPS conservatorship. The law mandates that conservatees are noticed five days before appointing a temporary LPS conservator.

Edward W. v Lamkins (2002) 99 CA4th 516, the court found that a county's practice of routinely requesting waivers of this notice requirement in LPS temporary conservatorship proceedings violated the due process rights of conservatees (decided under former law, when the notice requirement was in former Prob C §2250(c)). The court held that waivers should be the exception, not the rule. "Good cause" requires "an individualized showing of exigent circumstances in a particular case." 99 CA4th at 545.