Improvements in Conservatorships in Los Angeles County California

There is word around Los Angeles County that the local politicians are looking to improve California’s conservatorship system as well as in Los Angeles.   Read about the proposed improvements to the Los Angeles County conservatorship process here.

Some of the changes seek to improve LPS or mental health conservatorships, while others deal with probate conservatorships.  There is potential hope for using the Probate Code 3200 to get help for mentally ill people without a conservatorship.

Right now, Probate Code 3200 has been limited to one time health care decisions for people who are not conserved.  Read more here:

Probate Code 3200

As used in this part:

(a) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental condition.

(b) “Health care decision” means a decision regarding the patient’s health care, including the following:

(1) Selection and discharge of health care providers and institutions.

(2) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication.

(3) Directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.

(c) “Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.

(d) “Patient” means an adult who does not have a conservator of the person and for whom a health care decision needs to be made.

(Amended by Stats. 1999, Ch. 658, Sec. 15. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)

3201.

(a) A petition may be filed to determine that a patient has the capacity to make a health care decision concerning an existing or continuing condition.

(b) A petition may be filed to determine that a patient lacks the capacity to make a health care decision concerning specified treatment for an existing or continuing condition, and further for an order authorizing a designated person to make a health care decision on behalf of the patient.

(c) One proceeding may be brought under this part under both subdivisions (a) and (b).

(Amended by Stats. 1999, Ch. 658, Sec. 16. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)

There are some situations that do not require a full conservatorship.  Let us help you determine if a conservatorship can be avoided in our county.  Call Mina Sirkin at 818.340.4479, if you would like to hear more about the upcoming changes in conservatorships in LA County. Email us here: Info@SirkinLaw.com