New Case

What is this I hear about conservatee's being conserved with diagnosis of autism and OCD? I thought that never happened. I was under the impression that ASD was a case for the regional center not the PC.. When I was being conserved in 2015, I recall that the public conservator denied my case on the basis that autism spectrum disorder was not a Dx that was worthy of an LPS conservatorship.

This patient who I am watching currently has a Dx of autism and OCD. His GAF is unknown. He exhibits a variety of odd mannerisms but appears to manage his ADLs daily. He has an unknown Hx of hospitalizations and conservatorships. His Tx is closed locked facility and Rx is currently and risperidone 1mg cap qd and fluoxetine 20mg cap bid. He is alert and 3x oriented and regarding orientation to the situation there are many "normal" patients who would be equally confused by the conservatorship information being presented or in his case lack of. When detained under his 5150 he did not demonstrate any Sx that indicated DO/DS. He was held for GD. He had his 14 day cert hearing and writ of habeas corpus. Around the middle of his 14 day hold he was riesed based on the allegations that his symptoms of psychosis and agitation warranted involuntary treatment with anti psychotics. 

Upon review of his historical course of treatment and prognosis, he does not appear to be lacking in ability to care for his self. Rather the report contains many instances of his erratic behaviour which has led to public annoyance. He also has attachment to several odd objects but I know plenty of normal people who have special objects of affection. He has been without stable shelter for many years now. He receives around 1000 a month in SSI. He has a rep payee. 

Regarding his GD status I would contest the matter that erroneous behaviour should not be a qualifier. In re the conservatorship of Smith, supra, 187 Cal.App.3d at p. 909, “Bizarre or eccentric behavior, even if it interferes with a person’s normal intercourse with society, does not rise to a level warranting conservatorship except where such behavior renders the individual helpless to fend for herself or destroys her ability to meet those basic needs for survival”. He demonstrates a degree of noncompliance but this is due to his belief that the meds he is taking is in appropriate for his present conditions. And I believe there may be a case somewhere that states a conservatee is not GD for denying treatment if he refuses for valid reasons. (In re to Conservatorship of Early 1983 [35 Cal. 3d 245]. He has been homeless for quite some time and has a degree of difficulty adjusting to living with roommates due to his OCD tendencies. However, this inability to coexist should not be reason for placing him in a CL facility. His treatment plan drafted by the PC has Alpine Special treatment centers or lakeside special care facility as his least restrictive placement option.

He asked his attorney for a jury trial so as his case progresses I will keep updated to his progress. It is a different case from the norm which is why I find it an interesting one to follow.