PUBLICLY CONSERVED
  • 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
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      • When the Conservatee Goes AWOL
      • Involuntary Commitment
      • Conservatorship Factors
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        • Riese Hearing
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        • 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
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Understanding the LPS Conservatorship Court

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The court procedure for conservatorship is similar to a criminal proceeding. It is strongly advised that the conservatee attend the LPS conservatorship hearing. The conservatee is usually represented by a public defender or private counsel but often they cannot afford to do so. The conservatee will appear in court after the T-con for 30 days. On the day of the hearing, the doctor, counsel for conservatee, conservatee, public conservator, and counsel for PC will all attend the hearing. The judge will preside over the hearing. Most of the time for P- con hearings only the judge will be present. There will not be any jury for this hearing. This is known as a bench hearing. If the conservatee wishes, they can have what is known as a jury trial. A jury trial can be set if the conservatee objects and wishes that a jury hears the matter, the judge can set a date for a trial. If the matter is taken to trial, the conservatee will have the burden of proof to show that they are not gravely disabled.

On the day of the hearing, the conservatee usually is transported to the courthouse in a gurney by the hospital. This prevents the conservatee from escaping which has happened. The conservatee will be usually in restraints out of concern of going AWOL. It is written in the law that the conservatee has the option to waive their right to appear in court. Sometimes the conservatee's counsel may waive their presence out of concern over concern for the conservatee's mental health. Many times in practice the conservatee will not be present because the lack the mental clarity to voice an opinion. Then the public conservator representative, counsel for the county, conservatee's counsel, judge, and doctor may appear. 

To begin the judge may or may not swear in all parties. Sometimes this does not occur but most of the time it does. During the hearing, the doctor will present his findings first. He will cite behaviour during the hospitalization. If needed, he may draw from other treatment periods if he was the treating psychiatrist. The doctor will be cross examined by the conservatee's counsel. Typically counsel will ask the doctor how long he has been practicing, how many times he has treated the conservatee, what medications, and what the diagnosis is. If need be the doctor may also answer questions such as do certain symptoms disable the conservatee and how. Does the conservatee meet the criteria for grave disability and how are they rendered unable to provide their basic needs. Next the conservatee will be given an opportunity to present their own testimony. The conservatee can make statements about how they will provide for their food, clothing, and shelter. Often what they say will be along the lines of I will live in a shelter after discharge. I can get food from a food bank or a friend. The conservatee may also be cross examined and asked if they believe if they have a mental illness, how many times they have been hospitalized, and will they take their meds after discharge. The conservatee can provide their answers regardless of what their real intents are. After all of the evidence is presented, the judge will make a common sense ruling. If the case involves the Pubic conservator, the judge will tend to rule in favour of the PC's recommendations. 

The hearings are quite short. They run from 10-25 minutes. Once the hearing has completed, the conservatee will be transported to the facility regardless of decision. If the judge ruled in favour of conservatorship, letters will be issued within a week. If not the conservatee will be discharged within a day.

To learn more about other procedural court issues see...
​




​
Grave Disability
Conservatorship Bond
Missing Conservatee

    Questions or need more information?

Enter

Juvenile Dependency Court 
​
2851 Meadow Lark Drive  Dpt 10

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


San Diego Central Courthouse
1100 Union St
San Diego, California 92101 
Phone: (619) 844-2700



Office of the Public Conservator
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