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

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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:

1 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

2 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?

3 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

4 T-CON vs. Permanent 30 days  Petition court without a Hearing  Investigation by County Officer (Public Guardian)  T-CON Conservator (Public Guardian) W&I § year (Renewable)  Lasts up to 12 months  Renewable for another 12 months  Right to a Jury Trail  Private or Public Guardian

5  Client benefits – SSI/SSDI  Legal Issues  Registered Sex Offenders, Tickets, Child Support, Medical Issues  Family & Friends T-CON Factors

6 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

7 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

8  Least Restrictive Setting (W&I § 5358)  Court Hearing for medical treatment (W&I § )  Financial Decisions (Cal. Probate Code § 2401)  Assessment of Placement (W&I 5359) Conservator Powers & Duties

9 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)

10  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.

11 How can Advocates assist? Self-AdvocateLPS Conservatorship

12 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

13 James Marquez, IMFT, Advocate County of Orange Patients’ Rights Advocacy Services 405 West 5 th Street, Suite 477 Santa Ana, CA Tel: or Fax: Questions? Shall we play a game?

14  California Welfare and Institution Codes (W&I §) –  California Association of Mental Health Patients’ Rights (CAMHPRA) –  California Office of Patients’ Rights (COPR) – 1831 “K” Street, Sacramento, CA (916) LPS References

15  LISTSERV –  Disability Rights California (DRC) –  Handbook/Posters – Rights for Individuals in Mental Health Facilities – ault.asp  Handbook for Challenging LPS Conservatorship, Publication # see  NAMI – – MHSA County Programs 2012: Services Promoting Recovery & Reducing…(Report)www.namicalifornia.org LPS References


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