LPS Conservatorship

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Author:
Anonymous
ID:
159116
Filename:
LPS Conservatorship
Updated:
2012-06-17 17:10:38
Tags:
LPS
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Description:
LPS
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  1. 72-HOUR HOLD - 5150
    Probable Cause to Believe that, as a result of a Mental Disorder, he/she is a danger to themselves, or to others or is “gravely disabled”
  2. 14-DAY CERTIFICATION 5250
    DETENTION FOR TREATMENT
  3. “GRAVELY DISABLED”
    A PERSON WHO BECAUSE OF A MENTAL DISORDER OR CHRONIC ALCOHOLISM IS UNABLE TO PROVIDE FOR THEIR BASIC NEEDS FOR FOOD, CLOTHING OR SHELTER.
  4. 5350 ONE YEAR LPS CONSERVATORSHIP
    1.Right to Counsel

    2.Right to Jury Trial on question of “Grave Disability.”

    3.Expires after one year if not renewed.

    4.Provides individualized treatment, supervision and treatment.
  5. TEMPORARY LPS CONSERVATORSHIPS
    1.Filed at Same Time as One-Year Appointment Petition;

    2.Only the Public Conservator can file petition for appointment on initial petition;

    3.Right to Habeus Corpus during temporary;

    4.Thirty day period for temporary unless trial requested.
  6. LPS TRIALS
    1.Right to Jury Trial every year for renewal;

    2.Burden of Proof “Beyond a Reasonable Doubt”;

    3.Unanimous Verdict.
  7. JURY ONLY DECIDES THE QUESTION OF GRAVE DISABILITY - JURY DOES NOT DECIDE:
    1.Whether a Conservator will be appointed;

    2.Who the Conservator is;

    3.What level of  placement will be ordered by the court;

    4.What medical treatment will be received by the conservatee;

    5.What specific disabilities shall be imposed upon the conservatee;

    6.What powers will be given to the conservator.

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