Deciding Venue
The proper venue for a petition for an LPS conservatorship is the superior court in the county of the person's residence; that is, where the patient resided before admission to an involuntary treatment facility. Welf & I C §5352. Although §5352 clarifies the venue question, it presents some logistical and procedural problems.
In the case of LPS conservatorships. they are very rarely initiated in a different county than the conservatee resides. For example if the conservatee is detained in Los Angeles but they are a resident of San Diego, they must be transferred to an LPS designated facility for conservatorship proceedings to be initiated. Jurisdiction rarely crosses county lines. Commonly what happens is that the investigator will recommend that the patient be transferred or end the investigation. The facility may offer transport to the county of residence. This makes logistical planning such as residential treatment easier to manage. Venue is up to the discretion of the public conservator investigator.
Issues with Venue have arisen from a law enumerated in the Bronzan-McCorquodale Act which specifies that the counties individually regulate the laws surrounding conservatorship. Because of this, the counties are follow their local rules which can lead to different policies between counties.. This affects conservatorship practice because with differing policies, conservatorships are harder or easier to obtain depending on the county.. It also is responsible for the reduction in financial aid given to the county's public conservator.