Announcements
Welfare and Institutions Code and Probate Code are not in pari materia. WIC 5350 et seq sets out "self contained" procedures for regulating LPS trials which can be inconsistent with the normal timelines and procedures under the standard Code of Civil Procedure/Probate Code but everyone needs to remember that LPS conservatorship/ MH court is a closed universe. When probate lawyers handle LPS and they are drawing on all of their knowledge from law school and the probate Code they risk messing up the case entirely.... why? Because they didn't appreciate the fact that LPS is a closed universe.
So here in LPS Conservatorship, the only thing you need to use is the code. And which one? Welfare and Institutions Code. Thats the only thing you go to. If in the Welf and I C it directs you to the probate code then you go to the probate code.... if it directs you to the criminal/PC you go to the PC. And so on and so forth. But you don't go first to the probate code unless and until Welf and I C tells you to do that. LPS and probate courts have separate statutory schemes and distinct purposes. The presumption of psychiatric fitness that unlies probate law in the probate conservatorship court does not apply to LPS cases. Our clients as much as we respect them ...... they are not psychiatrically fit. They are not fit legally. We are doing everything we can during the course of an LPS conservatorship to restore them to psychiatric fitness and return them to the community. But LPS clients do not have that presumption so counsel cannot just go the probate code in the course of an LPS proceeding. That is where psychiatrically fit clients go. They go probate court.
LPS/mental health court, which is intimately involved in the treatment of gravely disabled psychiatrically unfit patients, is best situated to make involuntary care orders due to the need to understand the precise nature of understanding LPS legislature and controlling case law behind involuntary psychiatric care without any preferences and presumptions. Most probate courts manage the affairs of elderly and developmentally disabled adults and therefore do not handle LPS cases.
So here in LPS Conservatorship, the only thing you need to use is the code. And which one? Welfare and Institutions Code. Thats the only thing you go to. If in the Welf and I C it directs you to the probate code then you go to the probate code.... if it directs you to the criminal/PC you go to the PC. And so on and so forth. But you don't go first to the probate code unless and until Welf and I C tells you to do that. LPS and probate courts have separate statutory schemes and distinct purposes. The presumption of psychiatric fitness that unlies probate law in the probate conservatorship court does not apply to LPS cases. Our clients as much as we respect them ...... they are not psychiatrically fit. They are not fit legally. We are doing everything we can during the course of an LPS conservatorship to restore them to psychiatric fitness and return them to the community. But LPS clients do not have that presumption so counsel cannot just go the probate code in the course of an LPS proceeding. That is where psychiatrically fit clients go. They go probate court.
LPS/mental health court, which is intimately involved in the treatment of gravely disabled psychiatrically unfit patients, is best situated to make involuntary care orders due to the need to understand the precise nature of understanding LPS legislature and controlling case law behind involuntary psychiatric care without any preferences and presumptions. Most probate courts manage the affairs of elderly and developmentally disabled adults and therefore do not handle LPS cases.
WHEN MIGHT I NEED AN LPS
CONSERVATORSHIP?
CONSERVATORSHIP?
If your loved one is unable to provide for their food, shelter, and clothing, they are considered to be gravely disabled. When a person turns 18 by California statue, they are considered an adult and all medical decision are completely theirs to make. You cannot involuntarily force them into getting psychiatric treatment even if it is in their best interest. Many frustrated caregivers want to help their loved one but do not know how to get them help when they are refusing treatment. California law permits for involuntary care when the person may be a danger to themselves, others, and or gravely disabled.
Sounds simple..... the hard thing about LPS Conservatorships is that few people know the many differences in law and procedure. It takes someone who knows the LPS laws well and the time to properly help families in need of getting LPS Conservatorship.
There are many elements that go into getting LPS Conservatorship successfully. Case planning, legal education, and liaison abilities with hospitals. Not everyone can do that nor do they have the time to do.... but there is help out there.
Kinds of conservatorships in california
THIS WEBSITE MAINLY DEALS WITH LPS CONSERVATORSHIP. IF YOU SEEK ASSISTANCE WITH PROBATE OR LIMITED CONSERVATORSHIPS CHECK OUT SAN DIEGO LEGAL AID
Probate conservatorshipsAlso known as a general conservatorship. These are for the elderly or those with physical disabilities. They are not used for mental illness. These conservatorships are for life unless the conservator decides to terminate the conservatorship or the conservatee dies. These are managed by the probate code not Welfare and Institutions Code. |
Limited ConservatorshipThese are for those with developmental disabilities such as autism and down's syndrome. This kind of conservatorship is the most liberal of all. This conservatorship factors in the idea that the conservatee may "grow out" of being disabled and no longer need the conservatorship. The usual powers granted for one of these conservatorships are power to make general medical decisions and financial decisions on behalf of the conservatee. There are 7 powers in total. |
LPS ConservatorshipThese are for psychiatric disorders. The conservator can make psychiatric treatment decisions and placement decisions. LPS conservatorships are the most restrictive out of all the conservatorships. They are designed to help rehabilitate persons with psychiatric conditions like bipolar, schizophrenia, and or psychosis NOS. They can only be initiated by the public guardian/ conservator. |
THE GOAL OF LPS CONSERVATORSHIP IS TO
•Provide individualized treatment, supervision, and placement [WIC §5350.1]
•Consider the purposes of protection of the public and the treatment of the conservatee [WIC §5350(b)(2)]
•Provide Treatment in the least restrictive setting [WIC §5358(c)(1)]
•Provide individualized treatment, supervision, and placement [WIC §5350.1]
•Consider the purposes of protection of the public and the treatment of the conservatee [WIC §5350(b)(2)]
•Provide Treatment in the least restrictive setting [WIC §5358(c)(1)]
Links for Commonly Asked FAQ's
Consider the following when addressing your case
To best assist you strongly consider including the follow in your email or text correspondence. This will facilitate better communication and case planning. Click through to read about each category and what it means within the scope of LPS conservatorship.
When reaching out please include the following in email or text. It will expedite communication and narrowly tailor your case's detail and legal theory.
When reaching out please include the following in email or text. It will expedite communication and narrowly tailor your case's detail and legal theory.
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Number of Hospitalizations
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Med Compliance
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Degree of Impairment
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Consider how many hospitalizations they have had. The number of hospitalizations matter even though the law does not stipulate that there needs to be a certain number of hospitalizations to occur before LPS conservatorship can be filed the more the better. It helps when demonstrating that the patient has had a long history of decompensation and need of crisis care. Document how many times, when, and where they have been hospitalized. The more hospitalizations in one year, the stronger the case will be for LPS conservatorship.
Med compliance plays a large role in determining whether LPS conservatorship is appropriate. Briefly put med compliance and resulting decompensation from the lack of medication play a role in demonstrating that the conservatee is unwilling and unable to offer voluntary treatment and avail themselves of the services in a meaningful manner as to prevent further recurrence of grave disability. Note whether they are compliant all the time, part of the time, and/or never. Also note how many times they go or off medication if possible.
"A person is gravely disabled if, but for medication, the conservatee would be gravely disabled, and the conservatee would not take the medication without supervision." Conservatorship of Guerrero (1999) 69 CA4th 442; Conservatorship of Walker (1989) 206 CA3d 1572.
"A person is gravely disabled if, but for medication, the conservatee would be gravely disabled, and the conservatee would not take the medication without supervision." Conservatorship of Guerrero (1999) 69 CA4th 442; Conservatorship of Walker (1989) 206 CA3d 1572.
Grave Disability prima facie means that the patient is unable to provide for their own food. clothing, or shelter. This means that they are too psychotic, delusional, internally preoccupied, or suffering verbal and physical aggression and agitation that prevents them from being able to obtain food, cook food, keep their body and clothes clean, and use their money appropriately to secure safe shelter for themselves. Write down how they are unable to provide for these needs and whether they depend solely on you or another relative to meet those needs.