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case review

2/26/2019

0 Comments

 
A key to distinguishing Guerrero from Benvenuto involves understanding that a conservator may only introduce evidence regarding the conservatee's present insight into their mental health and the need to take medication in the future. Introduction of evidence regarding the conservatee=s continued use of medication in the 24 future outside the narrow scope of Guerrero is most likely still inadmissible under Benvenuto.

This poses as in interesting issue as often during the hearings, the doctors and the investigators will cite in their report that the conservatee may stop taking their medication should their conservatorship be terminated. The case law surrounding LPS law can be very confusing with different cases conflicting with each other. 

The law finds that projecting into the future is prejudicial to a conservatee's case and may jeopardize their case. Since the burden of proof for LPS conservatorship cases is at the same tier of criminal cases, the kind evidence that may be introduced into a LPS case must be carefully reviewed during discovery.  Testimony that suggests that without a conservator's oversight a conservatee will become noncompliant is generally inadmissible. However, there is case law out there that suggests with combined with other factors such as history of noncompliance, current noncompliance, failure to care for ADLs and housing, and severity of mental disorder may be included in finding the conservatee gravely disabled. The problem with all of this conflicting case law leads to attorneys and judges making inconsistent rulings when conservatees argue the conservatorship based on this basis. There have been times where judges have to refer to the codes to ensure that their findings do follow the law. 

I hope they address this issue at the next conference...
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    Juvenile Dependency and
    LPS Conservatorship
     

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© 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