Presentation on theme: "LPS Temporary Conservatorship (T-CON) and Permanent Conservatorships Presented by Jim Marquez, IMFT, Title IX Advocate Orange County Patients’ Rights Advocacy."— Presentation transcript:
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 GD5250 (14 days) DTS, DTO or GD5353 (30 days) Temporary Conservatorship (T-Con) for GD5358 (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
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
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-AdvocateLPS 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
James Marquez, IMFT, Advocate County of Orange Patients’ Rights Advocacy Services 405 West 5 th 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 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@example.com@lists.disablityrightsca.org Disability Rights California (DRC) – www.disabilityrightsca.org 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.orgwww.disablityrightsca.org NAMI – www.namicalifornia.org – MHSA County Programs 2012: Services Promoting Recovery & Reducing…(Report)www.namicalifornia.org LPS References