1. CONSERVATORSHIPS AND ALTERNATIVES

2. What is a Conservatorship? An individual or agency is appointed by the court to be responsible for a person. An individual or agency is appointed by the court to be responsible for a person. The court-ordered conservatorship takes fundamental rights away from an individual. The court-ordered conservatorship takes fundamental rights away from an individual. Conservatorships apply to people over the age of 18. Conservatorships apply to people over the age of 18. The conservatorship will last until terminated by a court or statutory occurrence. The conservatorship will last until terminated by a court or statutory occurrence.

3. Who can be a Conservator? The Conservator must be an adult. The Conservator must be an adult. A conservatorship may have joint conservators. A conservatorship may have joint conservators. Private professional conservators must file background statement annually. Private professional conservators must file background statement annually. There is an order of preference for a General Conservatorship: There is an order of preference for a General Conservatorship: Nominee of the proposed conservatee Nominee of the proposed conservatee Spouse of the proposed conservatee Spouse of the proposed conservatee Adult child of the proposed conservatee Adult child of the proposed conservatee Parents of the proposed conservatee Parents of the proposed conservatee Sibling of the proposed conservatee Sibling of the proposed conservatee

4. Type of Conservatorships Probate Code Probate Code General, Of the Estate: General, Of the Estate: http://www.pai-ca.org/pubs/523001.pdf Limited (Specific to persons w/developmental disabilities) : Limited (Specific to persons w/developmental disabilities) : http://www.pai-ca.org/pubs/500501.pdf Dementia (Probate Code 2356.5): Dementia (Probate Code 2356.5): http://www.pai-ca.org/pubs/522601.pdf Lanterman-Petris-Short (LPS) (WIC 5350): http://www.pai-ca.org/pubs/508201.htm

5. Powers available in a Limited Conservatorship To determine residence To determine residence To have access to confidential records To have access to confidential records To control the right to marry To control the right to marry To control the right to contract To control the right to contract To give consent for medical treatment To give consent for medical treatment To control social and sexual contacts To control social and sexual contacts To make educational decisions To make educational decisions

6. Powers not available in a Limited or a General Conservatorship Sterilization Sterilization Involuntary commitment Involuntary commitment Electro-convulsive shock therapy Electro-convulsive shock therapy psychotherapy psychotherapy

7. Determining if a conservatorship is appropriate California law recognizes a rebuttable presumption of capacity (Probate Code 810), which inquires into the following: California law recognizes a rebuttable presumption of capacity (Probate Code 810), which inquires into the following: Is the person able to provide for his own personal needs? Is the person able to provide for his own personal needs? Is the person able to consent to medical procedures? Is the person able to consent to medical procedures? Is the person able to make decisions? Is the person able to make decisions?

8. Responsibilities of the Conservator To assess the needs and how to meet them. To assess the needs and how to meet them. To choose the least restrictive, appropriate living arrangement. To choose the least restrictive, appropriate living arrangement. To ensure that appropriate health care is available. To ensure that appropriate health care is available. To respond to crises as they arise. To respond to crises as they arise.

9. Rights of the Conservatee To control his own salary. To control his own salary. To make or change a will. To make or change a will. To marry unless specifically taken away by the judge. To marry unless specifically taken away by the judge. To receive personal mail. To receive personal mail. Vote unless specifically taken away by the judge. Vote unless specifically taken away by the judge. To be represented by an attorney. To be represented by an attorney. To ask for a new conservator. To ask for a new conservator. To ask for the conservatorship to end. To ask for the conservatorship to end.

10. Alternatives to Conservatorship Communication Communication Self Advocacy Training Self Advocacy Training Facilitators to assist in decision-making Facilitators to assist in decision-making

11. More alternatives Authorized representation and advocacy Authorized representation and advocacy (WIC § 4648(b)(2)) Family input into regional center programs Family input into regional center programs (WIC § 4501) Service coordinator as an advocate Service coordinator as an advocate (WIC § 4647 ( c)) Area Board as advocate Area Board as advocate (WIC § 4590 and 4705(e)) OCRA OCRA (WIC § 4433 and 4900 et seq.) Advocacy Assistance Advocacy Assistance (WIC § 4512(b))

12. More Alternatives Guardian ad Litem (CCP § 372) Guardian ad Litem (CCP § 372) Transfer of Educational Decision Making Authority (ED Code § 56041.5) Transfer of Educational Decision Making Authority (ED Code § 56041.5) Representative payeeship (20 CFR § 416.601) Representative payeeship (20 CFR § 416.601) Power of Attorney for finances is revocable and must be notarized (Probate Code § 4400-4409) Power of Attorney for finances is revocable and must be notarized (Probate Code § 4400-4409) Contract law of Rescission (Civil Code § 38, 39, 1688, and 1689) Contract law of Rescission (Civil Code § 38, 39, 1688, and 1689) Non-Garnishment of SSI and SSDI (42 USC § 407 and 1383(d)(1)) Non-Garnishment of SSI and SSDI (42 USC § 407 and 1383(d)(1))

13. More Alternatives Durable Power of Attorney for Health Care requires 2 witness’ signatures or notarized and is revocable (Probate Code § 4600-4753) Durable Power of Attorney for Health Care requires 2 witness’ signatures or notarized and is revocable (Probate Code § 4600-4753) Regional Center authorization for medical, surgical, or dental care (WIC § 4655) Regional Center authorization for medical, surgical, or dental care (WIC § 4655) Court authorization for specific operations (Probate Code § 1950 and 3200) Court authorization for specific operations (Probate Code § 1950 and 3200) Emergency medical procedures (B & P Code §2397 and 1627.7 for dentists) Emergency medical procedures (B & P Code §2397 and 1627.7 for dentists) ICF/SNF interdisciplinary requirements for authorization ( H & S Code § 1418.8) ICF/SNF interdisciplinary requirements for authorization ( H & S Code § 1418.8)

14. How a Conservatorship is established A petition is filed with the court, A petition is filed with the court, Copies of the petition are sent to specified relatives and agencies, Copies of the petition are sent to specified relatives and agencies, Court investigator interviews the proposed conservatee, Court investigator interviews the proposed conservatee, Regional Center submits a report for a limited, and Regional Center submits a report for a limited, and A hearing takes place. A hearing takes place.

15. Role of the Regional Center Under Probate Code § 1827.5 Regional Center must file a report with the court in a limited conservatorship proceeding. This report must contain information relating to; Under Probate Code § 1827.5 Regional Center must file a report with the court in a limited conservatorship proceeding. This report must contain information relating to; The nature and degree of the disability The nature and degree of the disability Information on the person’s physical condition Information on the person’s physical condition Information on the person’s mental condition and social adjustment Information on the person’s mental condition and social adjustment Information on the areas of which the person requires assistance Information on the areas of which the person requires assistance

16. Terminating a Conservatorship General General Death of the conservatee Death of the conservatee Order of the court Order of the court Limited Limited Death of the conservator Death of the conservator Death of the conservatee Death of the conservatee Order appointing a general conservator Order appointing a general conservator Order stating that it is no longer necessary Order stating that it is no longer necessary

17. Cost of Obtaining a Conservatorship Legal costs vary per hour or flat rate Legal costs vary per hour or flat rate Court costs Court costs Report costs Report costs Copies of Letters Copies of Letters

18. Do It Yourself? In Pro Per filings In Pro Per filings

19. LPS Conservatorship The purpose of this type of conservatorship is to provide individualized treatment, supervision, and placement for a person who is gravely disabled as a result of a mental disorder. The purpose of this type of conservatorship is to provide individualized treatment, supervision, and placement for a person who is gravely disabled as a result of a mental disorder.

20. Initiation of an LPS Conservatorship A mental health professional refers the case to the public guardians office A mental health professional refers the case to the public guardians office Private and public psychiatric hospitals officially designated by the Los Angeles County Board of Supervisors, and Private and public psychiatric hospitals officially designated by the Los Angeles County Board of Supervisors, and The Los Angeles County Department of Mental Health and its service area offices are also designated professionals. The Los Angeles County Department of Mental Health and its service area offices are also designated professionals.

21. Responsibilities of the LPS Conservator Take reasonable steps to obtain authorized mental health treatment. Take reasonable steps to obtain authorized mental health treatment. Obtain other services as needed: Obtain other services as needed: Food, Food, Shelter, Shelter, Clothing, Clothing, Placement in the least restrictive setting Placement in the least restrictive setting

22. Rights retained by the Conservatee All not specified by the court order. All not specified by the court order. Examples Examples Medical Consent Medical Consent Financial duties Financial duties Voting Voting Driving a car Driving a car Possessing a firearm Possessing a firearm Entering into contracts Entering into contracts

23. Termination of the LPS Conservatorship It must be renewed annually as it automatically expires after one year. It must be renewed annually as it automatically expires after one year.

24. Dementia Conservatorship The purpose of this type of conservatorship is to give another person authority to chose a placement for the person with dementia. The purpose of this type of conservatorship is to give another person authority to chose a placement for the person with dementia.

25. Initiation of a Dementia Conservatorship A petition is filed with the court. A petition is filed with the court. The petition must be supported by a declaration of a physician or psychologist. The petition must be supported by a declaration of a physician or psychologist. A court investigator is appointed and conducts an investigation. A court investigator is appointed and conducts an investigation. A hearing is held. A hearing is held.

26. Criteria for a Dementia Conservatorship Must have all of these characteristics; Must have all of these characteristics; Diagnosed with dementia, Diagnosed with dementia, Lack capacity to give informed consent to placement, Lack capacity to give informed consent to placement, At least one mental functioning deficit which impairs your ability to understand consequences, At least one mental functioning deficit which impairs your ability to understand consequences, You need or would benefit from placement, and, You need or would benefit from placement, and, The court finds that the placement is the least restrictive. The court finds that the placement is the least restrictive.

27. Termination of a dementia Conservatorship Terminates the same way as a probate Conservatorship Terminates the same way as a probate Conservatorship