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LPS Temporary Conservatorship (T-CON) and Permanent Conservatorships

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?. How does the LPS begin?

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LPS Temporary Conservatorship (T-CON) and Permanent Conservatorships

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  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? How does the LPS begin? Definitions of Temporary Conservatorship (T-CON) vs. Permanent 5385 Conservatorship. What is Gravely Disabled (GD)? What about Krishna G. (KG) legal decision? How can an LPS Advocate help?
  3. The Legal Road for Gravely Disabled (GD)
  4. T-CON vs. Permanent 1 year (Renewable) Lasts up to 12 months Renewable for another 12 months Right to a Jury Trail Private or Public Guardian 30 days Petition court without a Hearing Investigation by County Officer (Public Guardian) T-CON Conservator (Public Guardian) W&I § 5371
  5. T-CON Factors Client benefits – SSI/SSDI Legal Issues Registered Sex Offenders, Tickets, Child Support, Medical Issues Family & Friends
  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. Conservator Powers & Duties 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)
  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. Krishna G. & Donna 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).
  11. How can Advocates assist? LPS Conservatorship Self-Advocate
  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. Questions? Shall we play a game? 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
  14. LPS References 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
  15. LPS References LISTSERV – pras@lists.disablityrightsca.org Disability Rights California (DRC) – www.disabilityrightsca.org Handbook/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)
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