Reminder about LPS v probate code

Some people may wish to debate about the specifics of LPS vs probate conservatorships. The best answer to this is to look at the different codes. Welfare and Institutions Code and Probate Code are not in pari materia. Welf and I C 5350 et seq sets out "self contained" procedures for regulating LPS trials which can be inconsistent with the normal timelines and procedures under the standard Code of Civil Procedure/Probate Code but everyone needs to remember that LPS conservatorship/ MH court is a closed universe. When probate lawyers take on LPS cases and during the course of court they are drawing on all of their knowledge from law school and the probate Code; they risk messing up the case entirely.... why? Because they didn't appreciate the fact that LPS is a closed universe. So here in LPS Conservatorship court, the only thing you need to use is the code. And which one? Welfare and Institutions Code. That's the only thing you go to. If in the Welf and I C it directs you to the probate code then you go to the probate code.... if it directs you to the criminal/PC you go to the PC. And so on and so forth. But you don't go first to the probate code unless and until Welf and I C tells you to do so. LPS and probate courts have separate statutory schemes and distinct purposes. The presumption of psychiatric fitness that unlies probate law in the probate conservatorship court does not apply to LPS cases. Our clients as much as we respect them and want them to get better ...... they are not psychiatrically fit. They are not fit legally. We are doing everything we can during the course of the LPS conservatorship to restore them to psychiatric fitness and return them to the community. But LPS clients do not have that presumption so counsel cannot just go the probate code in the course of an LPS proceeding. That is where psychiatrically fit clients go. They go probate court. LPS/mental health court, which is intimately involved in the treatment of gravely disabled psychiatrically unfit patients, is best situated to make involuntary care orders due to the need to understand the precise nature of understanding LPS legislature and controlling case law behind involuntary psychiatric care without any preferences and presumptions. Most probate courts and bench officers manage the affairs of elderly and developmentally disabled adults and therefore do not handle LPS cases.