PUBLICLY CONSERVED
  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
  • LPS CONSERVATORSHIP OVERVIEW
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
      • Suspension of Drivers License
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    • Deposition Sample
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      • Grave Disability
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        • Riese Hearing
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        • Applying for SSI
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        • Rep Payee
        • SSI Amounts 2018/2019
  • Public Conservator
    • CONSERVATORSHIP INVESTIGATION REPORT
    • CAREER >
      • Continuing Education
      • Public Conservator County Numbers '16
    • LPS Conservatorship for Dependent Parents and Minors
  • LPS Conservatorship Case Law
    • 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.
    • In re Ben C- Wende Brief no issue writ
    • 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
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • 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
      • Present Grave Disability
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • New Updates
  • Harm Reduction
    • Needle Exchange Programs
    • Safe Consumption Sites
    • Safer Injection Drug Use
    • Narcan
    • Syringe Services Programs in SoCal
  • CWS/CMS


Evidence of Third Party Assistance Must Be Considered
Under Welf & I C §5350(e)(1), a person is not gravely disabled if he or she can survive safely with the assistance of a third party.
See Conservatorship of Early (1983) 35 C3d 244; Conservatorship of Neal (1987) 190 CA3d 685 (conservatee was not gravely disabled because he could provide for his basic needs with the help of his "common-law" wife).


Unless family, friends, and others specifically indicate in writing their willingness and ability to help, however, they must not be considered willing and able to provide this help. Welf & I C §5350(e)(2). The writing requirement is intended to alleviate the painful necessity of public testimony from family members who are unwilling to provide third party assistance. Welf & I C §5350(e)(3). H


Even if a third party offers assistance, the court may still determine that the assistance offered, though well-intentioned, is not sufficient to permit the conservatee to survive safely. 






​SO WHAT DOES THIS MEAN IN PRACTICE?
IN REAL LIFE PRACTICE, THIS AREA OF THE LAW COMES IN PLAY WHEN THE CONSERVATEE IS DEFENDING THEMSELVES IN COURT. THIS ALSO PLAYS A ROLE WHEN THE CONSERVATEE IS DEEMED INELIGIBLE FOR A CONSERVATORSHIP.

IN THE FIRST CASE THE CONSERVATEE IS GIVEN AN OPPORTUNITY TO DEFEND THEMSELVES IN COURT. THEY WILL BE ADVISED BY THE PUBLIC DEFENDER ON HOW TO PRESENT A CASE TO THE COURT THAT SHOWS THAT THEY CAN CARE FOR THEMSELVES IF DISCHARGED. THE PROBLEM THEREIN LIES IN THE LACK OF FUNDING FROM THE COUNTY TO PROVIDE THESE PATIENTS WITH PROPER TIME WITH THEIR COUNSEL. THUS THE PATIENTS WILL ENTER THE COURTHOUSE WITH A GENERALIZED DEFENSE. TIME AFTER TIME I HAVE SEEN PATIENTS COME IN AND SAY "OH I HAVE A PLACE TO GO" OR "I WILL STAY/FIND A HOMELESS SHELTER ONCE I LEAVE. THERE I CAN FIND SOME FOOD AND FREE CLOTHING." SINCE THE STANDARD OF PROOF IS VERY HIGH; PROOF BEYOND A REASONABLE DOUBT, THE PATIENT'S ARGUMENT IS DISMISSED. JUST AS SEEN WITH THE PATIENTS WHO ARGUE THAT THEY HAVE A VAGUE SENSE OF HOW TO CARE FOR THEMSELVES, I HAVE SEEN PATIENTS WHO DID NEED A CONSEVATORSHIP ARGUE THEIR WAY OUT OF ONE BECAUSE THEY CITED A FAMILY MEMBER OR FRIEND  WHO COULD OFFER THEM SHELTER. THEY MAY HAVE PROVIDED IDENTIFYING INFORMATION ABOUT THE PERSON OR AN ADDRESS. THE PERSON MAY HAVE EVEN CALLED IN OR PROVIDED WRITTEN TESTIMONY THAT THEY WERE WILLING TO HELP THEM. THE JUDGE MAY RULE THAT THE PATIENT IS NOT GRAVELY DISABLED ACCORDING TO WELFARE AND INSTITUTIONS. THE PATIENT IS DISCHARGED BECAUSE THEY DISPROVED THE LEGAL CRITERIA BUT THEY RELAPSE DUE TO THEIR MENTAL ILLNESS.

    Questions or need more information?

Enter

Juvenile Dependency Court 
​
2851 Meadow Lark Drive  Dpt 10

San Diego, California 92123
Phone: (858) 634-1600


San Diego Central Courthouse
1100 Union St
San Diego, California 92101 
Phone: (619) 844-2700



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 OVERVIEW
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
      • Suspension of Drivers License
  • YOUR DAY IN COURT
    • Deposition Sample
    • Conservatorship Legal Documents
    • Conservatorship proceedings >
      • 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
  • Public Conservator
    • CONSERVATORSHIP INVESTIGATION REPORT
    • CAREER >
      • Continuing Education
      • Public Conservator County Numbers '16
    • LPS Conservatorship for Dependent Parents and Minors
  • LPS Conservatorship Case Law
    • 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.
    • In re Ben C- Wende Brief no issue writ
    • 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
    • Conservatorship of Hofferber- criminal incompetence and LPS
    • "Discretionary abuse" Conservatorship of G.H.
    • 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
      • Present Grave Disability
      • Exclusionary Rule WIP
      • Fifth Amendment Rights
  • New Updates
  • Harm Reduction
    • Needle Exchange Programs
    • Safe Consumption Sites
    • Safer Injection Drug Use
    • Narcan
    • Syringe Services Programs in SoCal
  • CWS/CMS