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    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LIFETIME PROHIBITOR WELF & INST CODE § 8103 SUBD. (F)(1)(B) 18 U.S.C. § 922 (G) (4)
    • CA MHRS >
      • Armed and Prohibited Person System
    • National Instant Criminal Background Check System (NICS)
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    • WRAPPING IT ALL TOGETHER AND CREATING THE NEXUS BETWEEN SYMPTOMS, HISTORY, COMPLIANCE, THIRD PARTY ASSISTANCE TO PROOF OF CURRENT GRAVE DISABILITY BEYOND A REASONABLE DOUBT
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3/5/2022

AB 2020 quick comments

0 Comments

Read Now
 
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2020&fbclid=IwAR2JsAgPfo_29Xwg2ZOGKIKL4eq52l8MBiv5EaOiTRNz7teAaVjMeAR9rMg
 
A quick commentary on AB 2020 (link above). This proposal is noble as many people would find that the current definition of grave disability is limiting in who can get care and not. However, to understand why this may or may not pass, we need to understand some possible issues.
First we have case law, that states that grave disability is not unconstitutionally vague or overbroad; ie GD is sufficiently precise to exclude unusual or nonconformist life-styles and implies an inability or refusal to care for food, clothing, or shelter. Conservatorship of Chambers, 71 Cal. App. 3d 277, 139 Cal. Rptr. 357 (Ct. App. 1977). All of CA courts honor stare decisis at this point and have made no effort to overcome this. However, that does meant that passing this bill could change that.
Second the wording about "without significant supervision and assistance from another person" has been addressed in two cases. Conservatorship of Johnson, 235 CA3d at 698 held that even if a third party offers assistance, the court may still determine that that assistance offered may not sufficient to permit the conservatee to survive safely. . Conservatorship of Jesse G. (2016) 248 CA4th 453 held the opposite where if third party assistance is sufficient to keep the proposed conservatee safe and their needs of food, clothing, or shelter then it would be error to make a finding of grave disability "without the more". Although I understand that this bill intends to make it so that PERT and treating clinicians don't need to search the case law, people opposing this bill may cite that these cases already exist so no changes to the GD definition needs to be made.
Third the line about The bill would also define “gravely disabled” to mean a condition in which a person has an incapacity to provide informed consent to treatment due to anosognosia has been in part answered by case law. It is important to note that because CA does not adhere to horizontal stare decisis, I understand why passing this bill is important. The case law is split on this issue. In Conservatorship of Guerrero, 69 Cal. App. 4th 442, 81 Cal. Rptr. 2d 541 (1999) the court held that patients cannot be found GD, merely because they will not voluntarily accept treatment. Other case law, Conservatorship of Walker, held that a doctor who provided evidence that the patient lacked insight was enough make a finding of GD and establish LPS conservatorship. And then we have totally adverse case law that holds despite doctor's expert testimony that patient will likely relapse into GD because of a propensity not to take their meds does not meet the burden of proof (beyond a reasonable doubt) for a finding of current GD. Conservatorship of Benvenuto, 180 Cal. App. 3d 1030, 226 Cal. Rptr. 33 (Ct. App. 1986). Why bring all these cases up? Same reason as people who oppose change may cite to these cases and our horizontal stare decisis problem and "let each district/superior court handle application of this conflicting case law".
I am all for changing GD as stare decisis should be overruled when (1) there is high "workability" of new (legal) precedent, (2) changes to current precedent are very well-reasoned, (3) the current laws are outdated, and (4) the very high liberty/public interests at stake demand the change. If juvenile dependency is looking at removing ICWA protections then WE can and should demand change for mental health and expanding GD definitions.
I do not know enough about the California Realignment Act (bronzan-mccorquodale act) to comment on the funding changes. In re: "By increasing the level of service required of county mental health departments, this bill would impose a state-mandated local program". I know that we need way more funding for MH but due to the current structure of MH funding, I cannot accurately predict how people will react to this particular aspect.
 
 
 
 
 
 

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© 2017 LPS Conserved   ALL RIGHTS RESERVED.
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
    • LPS Conservatorship Court Overview >
      • Public Conservator >
        • Los Angeles Public Guardian
        • CONSERVATORSHIP INVESTIGATION REPORT
        • CAREER >
          • Continuing Education
          • Public Conservator County Numbers '16
          • San Diego Public Conservator '19
        • LPS Conservatorship for Dependent Parents and Minors
      • WHY ARE LPS CONSERVATORSHIP AND PROBATE CONSERVATORSHIPS DIFFERENT
      • Court of Appeals >
        • In re Ben C- Wende Brief no issue writ
      • Trial Court Transcript
      • Conservatorship Legal Documents
      • INITIAL INVOLUNTARY PROCEEDINGS >
        • Grave Disability >
          • Present Grave Disability
        • Venue
        • Conservator's Bond
        • When the Conservatee Goes AWOL
        • Involuntary Commitment
        • Conservatorship Factors
        • Riese Hearing >
          • Riese Hearing
        • Supplemental Security Income/ SSI >
          • Applying for SSI
          • Documents for SSI
          • Process and Appeal
          • Award Letter
          • Rep Payee
          • SSI Amounts 2018/2019
  • LPS Conservatorship Case Law
    • THE ABSOLUTE STATE OF THE COURT OF APPEALS
    • Conservatorship of Isaac O- court report omission and jurisdiction
    • Disparate Treatment- Conservatorship of E.B
    • Conservatorship of KW- hearsay and jury instructions
    • Peremptory Challenges and Conservatorship of Gordon
    • Conservatorship of Sorenson privacy rights and LPS matters
    • Imposition of special disabilities- Conservatorship of Walker
    • Continuing Jurisdiction/Jury Instruction and Conservatorship of McKeown
    • Hearsay and conservatorship of Manton
    • Conservatorship of the Person of S.A.
    • Writ of Habeas Corpus burden of proof
    • Conservatorship of Roulet- burden of proof
    • Special disabilities and due process- Conservatorship of K.G and Donna H.
    • Conservatorship of Davis and Third party assistance
    • Marsden hearings/ due process Conservatorship of David
    • Conservatorship of Torres and admissibility
    • Jury Instruction and Conservatorship of Law
    • Conservatorship of George H- jury instruction
    • Public Conservator's Exclusive Power to Initiate LPS Conservatorship Kaplan v. Superior Court
    • Constitutionality of LPS conservatorship- Conservatorship of Delay
    • Investigation report- Conservatorship of Ivey
    • Conservatorship of Jesse G
    • Grave Disability Standard and Jury trial notice Conservatorship of Benvenuto
    • Conservatorship of Kennebrew vs Conservatorship of Karriker
    • Jury Trial Delays - Conservatorship of Joanne R.
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • In re Elizabeth R- LPS Conserved Parent with a concurrent dependency case
    • Conservatorship of C.O. - Waiver of Jury Trial
    • Conservatorship of Smith and strange behaviour
    • Jury Trials- ​Conservatorship of Jose B
    • Conservatorship of Baber and Double jeopardy and third party evidence >
      • WIP- Conservatorship of Tedesco
      • Conservatorship of Symington (1989)
      • Effective Counsel
      • Faretta and Marsden
      • Exceptions: Third Party Evidence
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • LIFETIME PROHIBITOR WELF & INST CODE § 8103 SUBD. (F)(1)(B) 18 U.S.C. § 922 (G) (4)
    • CA MHRS >
      • Armed and Prohibited Person System
    • National Instant Criminal Background Check System (NICS)
    • Registration
  • For LPS Conservatees
    • RIGHT TO APPEAR IN COURT
    • JUDICIAL REVIEW >
      • WRIT OF HABEAS CORPUS
    • NOTICE
    • MEDICATION
    • PLAN OF CARE IF DISCHARGED
    • RIGHT TO COUNSEL
  • BUILDING A STRONG CASE FOR CONSERVATORSHIP
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
    • WHY ONLY THE PUBLIC CONSERVATOR IS ALLOWED TO FILE FOR LPS CONSERVATORSHIP
    • SERVING AS CONSERVATOR
    • DSM V DIAGNOSIS LIMITS
    • CONSERVATEE INTERVIEW
    • HISTORY OF DECOMPENSATION AND LACK OF INSIGHT
    • WRAPPING IT ALL TOGETHER AND CREATING THE NEXUS BETWEEN SYMPTOMS, HISTORY, COMPLIANCE, THIRD PARTY ASSISTANCE TO PROOF OF CURRENT GRAVE DISABILITY BEYOND A REASONABLE DOUBT
  • JUVENILE DEPENDENCY
    • FAST TRACK DEPENDENCY
    • DEPENDENCY APPEALS
    • DETENTION
    • JURISDICTION DISPOSITION (JURIS/DISPO)
    • §366.26 Hearing: Selection and Implementation
    • 730 Evaluators
    • Case Plan
  • New Updates
    • Right to Choose