Conservatorship and Bifurcation of issues

Conservatorship and Bifurcation of issues

Food for thought..... 

In re Conservatorship of Moore (1986) 185 Cal.App, The Moore Court held that “conservatees are not, by reason of their conservatorship, automatically considered incompetent" which seems to be additionally "cosigned" by the Keyhea v. Rushen (1986) 178 Cal.App decision which also determined that LPS conservatees have a statutory right to refuse Psychotropic drugs absent judicial determination of incompetence. (closely related to Qwai hearings but these are for NGRI, MDO, etc) Given that case law should be used to influence future legal decisions, shouldn't more courts take this into consideration. Regardless most legal decisions are made to deal with limited resources and staffing.



However, I will like to say given that these cases exist the OPG is still rubber stamping LPS matters with giving the public conservator powers of medication (8 and 8a in LA county). I understand that most LPS Conservatees need medication, however, there are patients who are conserved unnecessarily. I'm sure the operative issue of getting treatment and limited resources leads to this rubber stamping of medication powers.... but in a perfect world the trial courts would bifurcate the hearings into establishment hearings and adjudication of mental incapacity for refusal of medication.

But this is totally normal as we are supposed to be bifurcating our dependency (juris/disp hearings) but routinely do not.... so I do not see why LPS matters would be any different. But I would like to see this change in the future.