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Kennebrew Updates

9/10/2018

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Kennebrew decision: updates

This has apparently presented as a problem for the PC as they are planning on discussing Karriker and Kennebrew. These two cases bring up the question of the limits of LPS conservatorship and whether the court can order the public conservator to initiate an LPS conservatorship. The first Kennebrew is a discussion of whether the PC abused its power to initiate an LPS conservatorship. In Karriker the PC denies LPS over the matter of the fact that the conservatee suffered from dementia a medical condition not covered by the LPS conservatorship act. Grave disability in Welfare and Institutions stipulates mental disorders like bipolar, schizophrenia, and schizoaffective disorder. Dementia is covered under the Probate code. A Probate “conservatorship, not an LPS conservatorship ․, addresses the special needs of a person with dementia.” (2 Cal. Conservatorships & Guardianships, supra, § 15.6, p. 897; see Prob.Code, § 2356.5.). Thus the public conservator argued that they are not mandated to initiate an LPS since dementia does not qualify as GD. When the court once more ordered that the public conservator order an LPS conservatorship be established, the public conservator argued that grave disability and conservatorship need to be for psychiatric illnesses not those of age. At the time Kennebrew was pending trial for a murder. He was first deemed incompetent to stand trial which lead to the conservatorship investigation. They asked the court for a Murphy conservatorship which is at its most basic; an LPS conservatorship for incarcerated patients. However, this case focuses on the different aspects of a Murphy conservatorship.


The public conservator erred in stating that an Murphy conservatorship held the same standards as LPS. The difference in mental disorder in LPS and Murphy is that an LPS mental illness must be of psychiatric nature whereas a Murphy has greater breadth of illnesses that are allowable. The court argued that in the special case of a Murphy conservatorship, dementia qualifies as a mental disorder.. Further more the court discusses how a Murphy conservatorship concern is the public rather than the conservatee as seen in LPS. As the public guardian put it, “[i]n an LPS conservatorship the primary focus is least restrictive placement and in a Murphy conservatorship it is the protection of the public.”. The main issue that policy makers have with this case is that the court wants to avoid unnecessary conservatorships as they are a large imposition on legal rights of the conservatee.
This is a very complicated case so there will be updates on what this case means for those patients who are incarcerated and their fate.






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    Juvenile Dependency and
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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
  • 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