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    • 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
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10/10/2018

Mind your manners

0 Comments

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I would like to address a problem that is not too common but does occur. I have seen it personally with my own eyes a couple of times and can testify that it does occur on some level.

Attorney's are supposed to treat their clients with respect and regardless of mental orientation are supposed to verbally instruct their clients. There are some instances where the patient's counsel treats the client as if they are incapable of understanding the basic LPS procedures. Even if the client does not maintain a presence of mental stability they are entitled to equal protection under the law. And that should include equal treatment and explanation of the law. Not all of these patients have the privileged of access CEB onlaw, legal opinions, and other literature that will inform them of their legal rights and processes they are facing, I can say for myself that when you first enter the system, it can be very intimidating. There are lots of doctors, administrators, social workers, and other legal people involved when dealing with court. This would confuse anyone.. And more often than not the patient is not informed of the process in of itself. The doctors may something along the lines you may have a court hearing or yes you have started your fourteen day hold three days ago. "Three days ago?!" There was one time I was involuntarily detained and it was not until four days after my cert review hearing that I had learned they placed me under a 14 day hold. 

The instance I speak of occurred during the patient's P-con hearing. When the patient was wheeled into the waiting area outside of the courtroom he appeared visibly upset and confused. When I listened in he was under the impression that he was still on a fourteen day hold. After he briefly conferenced with his counsel she entered for another hearing. I was able to talk to him. I gleaned that he was placed on a 14 day hold and after it had expired, he was not served notice of establishment of T-con until five days had passed the expiration of his 14 day hold. He was visibly upset that no one has bothered to tell him the reason for delayed service. As we spoke more he revealed that this was the first time talking to his counsel. His counsel had not prepared him at all for his upcoming hearing. She asked him if he wanted to contest the matter and the basic process he was facing. When pressed for more she dismissed his questions and concerns. He was left high and dry. When county counsel walked by him again he asked her who she was and if she could help him. As far I am concerned she made no effort to answer his question and just walked by. It does not take too much effort to say I am an attorney who represents the public conservator. The only reason I knew it was county counsel was that I had sat in on hearing for a long time. Otherwise I would not have known either. When he asked for more information about challenging his position his counsel did not answer his question. She just said we will see what the judge has to say. Mind you if I was his counsel I would have answered his question by explaining the process of challenging it. Even if he faced a large chance that he would have lost I would have still explained it and added that you will probably be conserved. If that is the case we will discuss how to prepare a proper strong argument that hopefully demonstrates to the judge that you are not gravely disabled and do not need to on conservatorship. 

I am personally facing a the same issues with large delays in responses and lack information with a juvenile dependency court case and I know how frustrating it feels for a conservatee. The feeling that you are denied access to the knowledge to winning a case in this case your freedom. As I vaguely recall doesn't professional responsibility cover basic manners. Or does it?

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Los Angeles Office of the Public Guardian 
510 S Vermont Ave, 14th Floor 
Los Angeles, California 90020 
Phone: LPS (213) 974-0527
(213) 974- 0407
Los Angeles Mental Health Court 
5925 Hollywood Blvd 
Los Angeles, California 90028 
Fax: (442) 247-3972


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1100 Union St, Dept 1902
​LPS Hearings Tuesday/Thursday 9am
San Diego, California 92101 
Phone: (619) 844-2700



San Diego
Office of the Public Conservator

5560 Overland Ave Ste 130
San Diego, California 92123
Phone: (858) 694-3500 ext 2
© 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