2020 California Code
Welfare and Institutions Code - WIC
DIVISION 5 - COMMUNITY MENTAL HEALTH SERVICES
PART 1 - THE LANTERMAN-PETRIS-SHORT ACT
CHAPTER 5 - Housing Conservatorship for Persons with Serious Mental Illness and Substance Use Disorders
Section 5451.

In the County of Los Angeles, the County of San Diego, and the City and County of San Francisco, subject to Section 5450, a conservator of the person may be appointed for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. The procedure for establishing, administering, and terminating a conservatorship under this chapter shall be the same as provided for in Division 4 (commencing with Section 1400) of the Probate Code, except as follows:

(a) (1) The court may appoint the public conservator in the county of residence of the person to be conserved if the person requesting the appointment establishes, and the court makes an express finding, that it is necessary for the protection of the proposed conservatee, that the proposed conservatee is 18 years of age or older, and that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.

(2) (A) A conservator of the person may be appointed pursuant to this chapter only if the person is presently incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder.

(B) For an initial appointment of a conservator, a person meets the standard in subparagraph (A) only if the court determines by clear and convincing evidence based on comprehensive clinical evaluations conducted throughout the period in which the person has been temporarily conserved pursuant to Section 5465.5 that the person is incapable of caring for their own health and well-being due to a serious mental illness and substance use disorder, and that conservatorship is the least restrictive alternative needed for the protection of the person. The court may consider the medical history, including psychiatric history, of the person to support this determination.

(C) To reestablish a conservatorship, the person meets the standard in subparagraph (A) only if the person’s condition at the time of the petition to reestablish the conservatorship shows that the person continues to meet the standard in subparagraph (A) based on the current behavior and condition of the person. The court may consider the medical history, including psychiatric history, of the person to support this determination.

(D) In any challenge to an existing conservatorship, the person meets the standard in subparagraph (A) only if the person’s condition at the time of the challenge to the conservatorship shows that the person continues to meet the standard in subparagraph (A) based on the current behavior and condition of the person. The court may consider the medical history, including psychiatric history, of the person to support this determination.

(E) A proposed conservatee shall meet all of the following criteria:

(i) The person has both a serious mental illness and a substance use disorder, as those terms are defined in Section 5452, other than a developmental disorder or acquired traumatic brain injury, as defined in Section 4354, unless that person also has a serious mental illness and substance use disorder.

(ii) As a result of the serious mental illness and substance use disorder, the person has functional impairments, or a psychiatric history demonstrating that without treatment, it is more likely than not that the person will decompensate to functional impairment in the near future.

(iii) As a result of the functional impairment and circumstance, the person is likely to become so disabled as to require public assistance, services, or entitlements.

(b) (1) The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is shown to be, beyond a reasonable doubt, incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder. For an initial conservatorship, demand for a court or jury trial shall be made no later than seven days following the establishment of a temporary conservatorship pursuant to Section 5465.5, provided the proposed conservatee has had the opportunity to confer with the attorney of the proposed conservatee during that time. If the proposed conservatee demands a court or jury trial before the date of the hearing as provided for in Section 5465, the demand shall constitute a waiver of that hearing.

(2) Court or jury trial shall commence within 10 days of the date of the demand, except that the court shall continue the trial date for a period not to exceed 10 days upon the request of the attorney for the proposed conservatee.

(3) This right shall also apply in subsequent proceedings to reestablish a conservatorship, except that the demand for a court or jury trial shall be made within seven days following the hearing on the petition to reestablish the conservatorship.

(c) Conservatorship investigation shall be conducted pursuant to Chapter 3 (commencing with Section 5350) and shall not be subject to Section 1826 of, or Chapter 2 (commencing with Section 1850) of Part 3 of Division 4 of, the Probate Code.

(d) Notice of proceedings under this chapter shall be given to a guardian or conservator of the person or estate of the proposed conservatee appointed under the Probate Code and as otherwise provided in Section 5350.2.

(e) As otherwise provided for in this chapter.

(f) A conservatorship pursuant to this chapter shall not be established if a conservatorship or guardianship exists under Division 4 (commencing with Section 1400) of the Probate Code or under Chapter 3 (commencing with Section 5350).

(g) A petition seeking to establish a conservatorship pursuant to this chapter shall be filed with the court no later than 28 days following the eighth detention for evaluation and treatment pursuant to Section 5150 in a 12-month period.

(h) (1) For the 28 days following the eighth detention, the court may establish a temporary conservatorship pursuant to Section 5465.5 in order to assess the need for a conservatorship pursuant to this chapter. A petition to establish an initial conservatorship pursuant to this chapter may be filed only in conjunction with a petition to establish a temporary conservatorship pursuant to Section 5465.5.

(2) A supplement to the petition for an initial conservatorship shall be filed within 14 days of the initial petition pursuant to paragraph (1). The supplemental petition shall include, at a minimum, all of the following information:

(A) A detailed description of the comprehensive clinical evaluation of the person that has been performed since initiating the temporary conservatorship.

(B) The results and determinations based on the evaluation described in subparagraph (A).

(C) A detailed description of any treatment attempted or provided for the person since initiating the temporary conservatorship.

(D) A description of the person’s response to treatment, if any.

(E) Any additional information pertaining to the person’s condition and behavior during the temporary conservatorship that may aid in determining whether a conservatorship pursuant to this chapter is appropriate.

(F) A determination as to whether, based on the evidence provided in subparagraphs (A) to (E), inclusive, the petition for an initial conservatorship pursuant to this chapter should be heard or withdrawn.

(Amended by Stats. 2019, Ch. 467, Sec. 1. (SB 40) Effective October 2, 2019. Repealed as of January 1, 2024, pursuant to Section 5466.)