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conservatorship literature misconceptions

9/23/2018

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The quotes are from Hannah Hart. Buffering (Kindle Locations 3172-3185). HarperCollins. Kindle Edition.​
“READ THIS TOO (Please read this! Please please please!) I want you to know that I didn’t win LPS conservatorship because winning is common or possible and all you have to do is try. I won because of the following advantages:
  1. I’m white. This is an advantage. We can’t deny it.
Race does not bear much of an issue when it comes to LPS conservatorship. The public conservator does not conserve based on race alone. The public conservator is overburdened with cases that it bears in mind the person’s severity of mental illness before race. In fact I would say that the public conservator weighs mental illness diagnosis first, how many hospitalizations, compliance, doctor’s recommendations and the force with which he advocates for conservatorship, and patient’s coherence during the conservatorship investigation. I came from a white family that strongly advocated for conservatorship THREE times but failed. Does race play a role? No… not in my opinion and what I’ve seen evidenced based practice.
  1. I’m educated. Both Naomi and I have high-level degrees, which means that the intensive research it takes to understand a complicated legal and medical system is more accessible to us than it is to many people.
Yes and no. It does take some level of education to learn about the law and its processes. But it also very important to gain experience through real life practice. Many researchers calls this experience based practice. Meaning that you should base your work off the live results you see and seeing how each county operates. The law will tell you only so much but real life experience and knowing how the PC is far more valuable.
  1. I’m healing. I’ve gone to years of therapy, and I take medication. Both Naomi and I have PTSD from a childhood of trauma. It’s hard and triggering to even talk to our mom, let alone display our trauma in front of impassive third parties who have the authority to simply say “No. Your pain isn’t good enough. Let her shoot someone first.”
Irrelevant in a legal sense.
  1. I’m wealthy. What paid for my years of therapy and medications to help me excel? Money, dudes. Fucking money. I have it. I’ve saved it. I’m using it to fight this case. And you know what else money buys you? Money buys you time. I spent three weeks in the Bay Area fighting the system. Naomi’s schedule isn’t as flexible as mine—she was able to take only a week off from work—but otherwise she telecommuted. And the icing on the cake:
This is probably the biggest fallacy out there. Money can buy happiness and money can buy an LPS conservatorship. LPS conservatorship is a county run procedure. The courts and the court investigators are all contracted by the county. This means that that they call to what the court says. Money will not buy your way into a judge ruling in your favour. The closest thing that money could earn you is possibly hiring private counsel to fight on your behalf when it comes to P-con. Money can keep your loved one in the hospital but in the end it is the doctor and the county investigator who decide to initiate an LPS conservatorship. Are you going to pay back the county for their time and fees? Do you even know how to reimburse the county for its services? My family came from old money (subtext: 30 million or more) and still were not able to obtain LPS conservatorship despite every effort.
  1. I’m famous. People are endeared to me, as I am to them. I have a community that is rooting for me to win.
I am very sorry but fame has very little bearing on LPS conservatorship. Most conservatees are homeless or not particularly notable. Even those who are conserved like Brittney Spears, Randy Meisner, or Amanda Bynes are conserved under a probate conservatorship which is far easier to obtain.
 

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    Juvenile Dependency and
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  • LPS CONSERVATORSHIPS FOR THE GRAVELY DISABLED
  • LPS CONSERVATORSHIP OVERVIEW
    • POWERS OF CONSERVATOR >
      • Placement Powers
      • Medication powers
  • YOUR DAY IN COURT
    • Conservatorship Legal Documents
  • 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
    • CWS/CMS User Interface
    • Case Plan