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Conservatees rights

1/22/2019

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Conservatorship of Baber (1984) 153 Cal.App.3d 542 The Fourth District Court of Appeal held that a proposed conservatee may not refuse to testify in his or her own conservatorship trial (i.e., Fifth Amendment privilege against self incrimination not applicable). The Baber court also held that the doctrine of double jeopardy is not applicable in conservatorship proceedings.


Conservatorship of Mitchell (1981) 114 Cal.App.3d 606 The Second District Court of Appeal held that proposed conservatees do not have a right to a warning of the privilege against self incrimination prior to psychiatric examinations.

I have a question about this... So if a conservatee is not allowed to refuse to testify or denied the right of warning about self incrimination, then does this not place the conservatee at a disadvantage? To begin the conservatee is usually unaware of the courtroom dynamics and how the laws are structured. Secondly, the conservatee does not know explicitly what the judge is looking for during a hearing so the conservatee may make a statement that harms their case. Even though they have a public defender, the public defender may often fail to inform the conservatee of all their rights or look over their case file carefully. Unfavourable evidence may be presented forcing the conservatee to address those facts without proper preparation. This another reason for why there should be a push for having better less overworked public defenders for LPS conservatorship cases. Like juvenile court there are around 1500 conservatees who all need public defenders and only three or so public defenders that handle LPS hearings. That averages around 400 clients per attorney. Give or take some for those who are managed by fiduciaries or family. Even the best counsel cannot proper give each case attention with that many clients. Which brings us back to the conservatee needing to do a lot of their own work and not knowing what to say and what not to say. See how the circle comes around again. It's vicious cycle that is common with most government agencies.

It is up to us to establish that LPS conservatees are entitled to proper counsel. It is even enumerated in the W&I 300 et cetra codes for dependency cases. Why not LPS?
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    Juvenile Dependency and
    LPS Conservatorship
     

    Informal entries about both subjects. Case law, updates in legislature, common sense information, and more....

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Juvenile Dependency Court 
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2851 Meadow Lark Drive  Dpt 10

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


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San Diego, California 92101 
Phone: (619) 844-2700



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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