Transcript Conservatorship info-PRAT QM Approved-TL 2013 (3)

LPS Temporary Conservatorship
(T-CON) and Permanent
Conservatorships
Presented by Jim Marquez, IMFT, Title IX Advocate
Orange County
Patients’ Rights Advocacy Services
Health Care Agency
Behavioral Health Services
What will be covered?
o How does the LPS begin?
o Definitions of Temporary
Conservatorship (T-CON) vs.
Permanent 5385 Conservatorship.
o What is Gravely Disabled (GD)?
o What about Krishna G. (KG) legal
decision?
o How can an LPS Advocate help?
The Legal Road for
Gravely Disabled (GD)
5150 (72 hours) DTS, DTO or GD
5250 (14 days) DTS, DTO or GD
5353 (30 days) Temporary Conservatorship (T-Con) for GD
5358 (1 year) Permanent Conservatorship for GD
T-CON vs. Permanent
30 days
 Petition court without a
Hearing
 Investigation by County
Officer (Public Guardian)
 T-CON Conservator (Public
Guardian) W&I § 5371
1 year (Renewable)
 Lasts up to 12 months
 Renewable for another 12
months
 Right to a Jury Trail
 Private or Public Guardian
T-CON Factors
 Client benefits – SSI/SSDI
 Legal Issues
 Registered Sex Offenders,
Tickets, Child Support,
Medical Issues
 Family & Friends
Legal Rights under a
T-CON
 Request a Writ of Habeas
Corpus
 Request Assistance from
Patients’ Rights Advocate or
attorney
 Request evaluating psychiatrist
to write a discharge plan.
 Medication Informed Consent
Legal Rights under a
Permanent
Conservatorship
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Right to a Jury Trail
Notice of Appeal (60 days)
Request a Placement Hearing
Writ of Habeas Corpus
Annual Reestablishment Hearing
Conservator Powers & Duties
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Least Restrictive Setting (W&I § 5358)
Court Hearing for medical treatment (W&I § 5358.2)
Financial Decisions (Cal. Probate Code § 2401)
Assessment of Placement (W&I 5359)
What is GD?
 The legal standard is “grave disability.” Grave
disability means that you are not able to provide for
your own food, clothing, and shelter due to a
mental disorder.
 Welfare & Institution Code § 5008(h)
Krishna G. & Donna H.
 Evidentiary Hearing for clients placed on a T-CON,
if the patients request such a hearing.
 Client retains the right to medication informed
consent
 Riese v. St Mary’s Hospital & Medical Center
(Capacity Hearing).
How can Advocates assist?
Self-Advocate
LPS Conservatorship
Community Resources
What is available in your County?
MHSA (Prop 63) Resources – TAY,
Housing, Employment
Outpatient Mental Health Clinics
National Alliance for Mental Illness.
Room & Boards Coalitions
Residential Care & Housing Office
Questions?
Shall we play a game?
James Marquez, IMFT, Advocate
County of Orange
Patients’ Rights Advocacy Services
405 West 5th Street, Suite 477
Santa Ana, CA 92701
Tel: 714-834-5647 or 800-668-4240
Fax: 714-834-5576
LPS References
 California Welfare and Institution Codes (W&I §) –
http://www.leginfo.ca.gov/calaw.html
 California Association of Mental Health Patients’
Rights (CAMHPRA) – www.camhpra.org
 California Office of Patients’ Rights (COPR) –
1831 “K” Street, Sacramento, CA 95811
(916) 504-5800
http://www.disabilityrightsca.org/about/opr.htm
LPS References
LISTSERV – [email protected]
Disability Rights California (DRC) –
www.disabilityrightsca.org
Handbook/Posters – Rights for Individuals in Mental
Health Facilities –
http://www.dsh.ca.gov/Publications/Patients_Rights/def
ault.asp
Handbook for Challenging LPS Conservatorship,
Publication #5110.01 see www.disablityrightsca.org
NAMI – www.namicalifornia.org – MHSA County
Programs 2012: Services Promoting Recovery &
Reducing…(Report)