LPS MENTAL HEALTH CONSERVATORSHIP

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  • 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
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          • 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

3/29/2021

Opinion on the matter of Conservatorship of E.B.- forced/compelled testimony

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I would like to have some personal words about the upcoming decision regarding B. (E.), CONSERVATORSHIP OF. There was another petition for review granted at the Supreme Court level.
 
I would like to state that given the nature of the testimony given during hearing, the psychiatrist has ample opportunity to demonstrate grave disability. He is exempt from normal rules of hearsay and his report can paint a picture of the patient’s level of decompensation. For many doctors who deal with LPS Conservatorship they are accustomed to testifying and as I would say have “no bone in this fight”. Sure they can argue that they are invested in their patient’s outcome yet seriously a lot of physicians already suffer from caregiver fatigue and do not actually hold stake in the outcome. I would like to add that the stress of having to be forced to provide live testimony can invoke undue stress and exacerbation of symptoms. Even parents involved in a dependency proceeding with no underlying mental illness often are reminded of the importance of deportment due to visible crying or stress during the initial detention and juris/dispo hearing. They are reminded that the judge may not subconsciously view their parenting abilities favourably if they are showing signs of distress no matter how fitting it may be (given their child has been removed). And we all know once a bell is rung it cannot be un-rung. First impressions matter.
 
Now removing emotions from the equation lets look at some other case law to compare. Take physical restraints which have legal authority banning their use absent an order to show cause.  
  
 
CACI 4009 Physical Restraint The fact that respondent has been brought before the court in physical restraints is not evidence of grave disability. You must not speculate on the reasons for such restraints.
 
This means that a proposed LPS conservatee in a jury trial may not be shackled unless the trial court follows the procedures outlined in People v. Duran (1976) 16 Cal.3d 282.
 
First, the proposed conservatee may not be shackled absent facts on the record that justify the trial court’s decision to require shackles. Second, where the trial court determines that a proposed conservatee must be shackled, and those shackles are visible, the court must sua sponte instruct the jury that the shackles are not evidence of disability.
 
 
“The imposition of physical restraints in the absence of a record showing of violence or a threat of violence or other nonconforming conduct will be deemed to constitute an abuse of discretion.” (People v. Duran (1976) 16 Cal.3d 282, 291.)
 
The court has found that the use of restraints has a negative implication in criminal proceedings and thus reversed the decision accordingly in re People v. Duran.
 
 
 
The risk to freedom and the stigma attached to involuntary conservatorship led the California Supreme Court to consider the integrity of the fairness of the fact finding process in regards to restraints with LPS Conservatorship.
 
Because LPS Conservatorship already shares two similarities with criminal matters, burden of proof and unanimous jury as part of an effort to reduce the stigma behind LPS Conservatorship it makes sense to also add protection against compelled testimony.
 
With restraints it gives the impression to the jury and judge that the individual is not in control of their actions, is mentally unwell, and generally unsafe to be in society no matter the prior events. It sets a precedent for the entire hearing or trial. Once a judge sees the patient in restraints they imagine a “crazy person” during the trial…. A person not in control of their emotions or actions. Testimony and clear evidence proffered by the conservatee may go in one ear and out the other thus invalidating the patient’s due process rights.
 
I strongly hold that the same applies to compelled testimony. The patient in most cases has not committed any criminal action where compelled testimony would be mandated. They are simply mentally ill and in need of treatment. Should the court choose to rely mostly on the doctor’s declaration to make that necessary finding of grave disability, why would the patient’s forced testimony be necessary. Forced testimony can make the patients uncomfortable and bring about symptoms that are not normally expressed. For example, they may stutter, draw blanks on what they are saying due to stress, cry, yell, or not be able to articulate their knowledge about the proceedings. As lawyers already know there is a specific manner in which examination and cross are performed and patients are unaware of this. Thus, they may be prompted in such a manner to provide a leading answer that they lack the mental capacity to foresee.
 
Another aspect is that a patient may have not been fully stabilized and may be experiencing symptoms. Take for example if there is a patient who is suffering manic delusions, they may spout non sequiturs, assert their delusions forcefully, and demonstrate psychomotor agitation that appears “ridiculous”. At the time patient may not be aware of their bizarre behaviour, but a lot of patients on outpatient programs have voiced great embarrassment and shame over their manic actions. They feel a great shame over their outbursts and wish they could erase the past. Granted these outpatient manic patients may have had shameful experiences at work and with family. Those persons may be more forgiving and understand the patient’s behaviour. Manic patients will eventually have a chance to explain the disorder and manic behaviour and achieve closure over their bizarre behaviour. However, within the realm of the court room, patients usually have one chance to present themselves to a judge and a jury. Regardless of mania or psychosis, patients still have dignity and wish to maintain that regardless of current mental status. The court rarely offers them a chance to redeem themselves and explain their behaviour and come to a resolution. They will never see those jury members again so they cannot achieve closure with them again. The patient may stabilize and feel embarrassed by their actions yet know that they left an impression with the court or jury that is very hard to undo. And those feelings of shame definitely fester leaving the patient feeling violated and humiliated.
 
Because of this the supreme court reviewing this decision in the near future should also apply the very human experience of mental illness alongside the legal authority they choose to cite in their opinion. Because I have read many opinions that cite lots of legal authorities and logic but rarely address how it may feel for the patient. Lets try and bear all of this in mind when the court renders its decision and hope that it upholds the finding of the appellate court.

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Los Angeles Office of the Public Guardian 
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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



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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