LPS Temporary Conservatorship (T-CON) and Permanent Conservatorships Presented by Jim Marquez, IMFT, Title IX Advocate Orange County Patients’ Rights Advocacy.

LPS Temporary Conservatorship (T-CON) and Permanent

ConservatorshipsPresented by Jim Marquez, IMFT, Title IX Advocate

Orange County

Patients’ Rights Advocacy Services

Health Care AgencyBehavioral 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

Client benefits – SSI/SSDI Legal Issues Registered Sex Offenders,

Tickets, Child Support, Medical Issues

Family & Friends

T-CON Factors

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

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Legal Rights under a Permanent Conservatorship• Right to a Jury Trail• Notice of Appeal (60 days)• Request a Placement Hearing• Writ of Habeas Corpus• Annual Reestablishment Hearing

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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)

Conservator Powers & Duties

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)

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).

Krishna G. & Donna H.

How can Advocates assist?

Self-Advocate LPS Conservatorship

Community ResourcesWhat 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

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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

Questions? Shall we play a game?

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] Rights California (DRC) –

www.disabilityrightsca.orgHandbook/Posters – Rights for Individuals in Mental

Health Facilities – http://www.dsh.ca.gov/Publications/Patients_Rights/default.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)

LPS References