CHAPTER 3. Conservatorship for Persons with a Grave Disability [5350. - 5372.]
Heading of Chapter 3 amended by Stats. 2024, Ch. 948, Sec. 18.
§§ 5350–5372 · 42 sections
- § 5350 A conservator of the person, of the estate, or of the person and the estate may be appointed for a person who is gravely disabled or impaired by chronic…
- § 5350.1 The purpose of conservatorship, as provided for in this article, is to provide individualized treatment, supervision, and placement.
- § 5350.2 Reasonable attempts shall be made by the county mental health program to notify family members or any other person designated by the person for whom…
- § 5350.5 (a) If a conservatorship has already been established under the Probate Code, the court, in a proceeding under the Probate Code, after an evidentiary hearing…
- § 5351 In each county or counties acting jointly under the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the…
- § 5352 When the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in…
- § 5352.1 (a) The court may establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator, on the basis of the…
- § 5352.2 Where the duly designated officer providing conservatorship investigation is a public guardian, his official oath and bond as public guardian are in lieu of…
- § 5352.3 If the professional person in charge of the facility providing intensive treatment recommends conservatorship pursuant to Section 5352, the proposed…
- § 5352.4 If a conservatee appeals the court’s decision to establish conservatorship, the conservatorship shall continue unless execution of judgment is stayed by the…
- § 5352.5 (a) Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment…
- § 5352.6 Within 10 days after conservatorship of the person has been established under the provisions of this article, there shall be an individualized treatment plan…
- § 5353 A temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the…
- § 5354 (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship, including, but not limited to,…
- § 5354.5 Except as otherwise provided in this section, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship…
- § 5355 If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation,…
- § 5356 The report of the officer providing conservatorship investigation shall contain his or her recommendations concerning the powers to be granted to, and the…
- § 5357 All conservators of the estate shall have the general powers specified in Chapter 6 (commencing with Section 2400) of Part 4 of Division 4 of the Probate Code…
- § 5358 (a) (1) When ordered by the court after the hearing required by this section, a conservator appointed pursuant to this chapter shall place his or her…
- § 5358.1 Neither a conservator, temporary conservator, or public guardian appointed pursuant to this chapter, nor a peace officer acting pursuant to Section 5358.5,…
- § 5358.2 If a conservatee requires medical treatment and the conservator has not been specifically authorized by the court to require the conservatee to receive medical…
- § 5358.3 (a) At any time, a conservatee or any person on the conservatee’s behalf with the consent of the conservatee or the conservatee’s counsel, may petition the…
- § 5358.5 When any conservatee placed into a facility pursuant to this chapter leaves the facility without the approval of the conservator or the person in charge of the…
- § 5358.6 Any conservator who places his or her conservatee in an inpatient facility pursuant to Section 5358, may also require the conservatee to undergo outpatient…
- § 5358.7 When any conservatee challenges his or her placement or conditions of confinement pursuant to Section 1473 of the Penal Code or Section 7250 of the Welfare and…
- § 5359 A conservator appointed under this chapter shall find alternative placement for his conservatee within seven days after he is notified by the person in charge…
- § 5360 The officer providing conservatorship investigation shall recommend, in his report to the court, for or against imposition of a disability set forth in Section…
- § 5361 (a) Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court.…
- § 5362 (a) The clerk of the superior court shall notify each conservator, his or her conservatee and the person in charge of the facility in which the person resides,…
- § 5363 In the event the conservator continues in good faith to act within the powers granted him in the original decree of conservatorship beyond the one-year period,…
- § 5364 (a) At any time, the conservatee may petition the superior court for a rehearing as to their status as a conservatee. However, after the filing of the first…
- § 5365 A hearing shall be held on all petitions under this chapter within 30 days of the date of the petition. The court shall appoint the public defender or other…
- § 5365.1 The conservatee or proposed conservatee may, upon advice of counsel, waive the presence at any hearing under this chapter of the physician or other…
- § 5366.1 (a) Any person detained as of June 30, 1969, under court commitment, in a private institution, a county psychiatric hospital, facility of the Veterans…
- § 5367 Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill.
- § 5368 A person who is no longer a conservatee shall not be presumed to be incompetent by virtue of his having been a conservatee under the provisions of this part.
- § 5369 When a conservatee who has criminal charges pending against him and has been found mentally incompetent under Section 1370 of the Penal Code recovers his…
- § 5370 Notwithstanding any other provision of law, a conservatorship proceeding may be initiated pursuant to this chapter for any person who has been charged with an…
- § 5370.1 The court in which a petition to establish a conservatorship is filed may appoint the county counsel or a private attorney to represent a private conservator…
- § 5370.2 (a) The State Department of State Hospitals and the State Department of Health Care Services shall contract with a single nonprofit agency that meets the…
- § 5371 No person upon whom a duty is placed to evaluate, or who, in fact, does evaluate a conservatee for any purpose under this chapter shall have a financial or…
- § 5372 (a) The provisions of Section 1051 of the Probate Code shall apply to conservatorships established pursuant to this chapter. (b) The Judicial Council shall, on…