Attorneys That Specialize in Mental Health Conservatorship Los Angeles
What Is Mental Health Conservatorship?
What Is Conservatorship?
Mental health conservatorship is the legal process used to help a person whose serious mental illness has left him or her in a situation where she or he cannot make decisions about her or his care. This is provided for by the state of California under the Lanterman-Petris-Short, or LPS, Act so that it is billed to protect the person without losing any portion of their legal rights or protections. It’s very compassionate, really, mainly applied to individuals with conditions such as schizophrenia or bipolar, major depression and that kind of thing.
Types of Conservatorships in California
There are technically two kinds of conservatorship in California:
General Conservatorship: General conservatorship is the general sort of conservatorship generally available to the elderly or physically disabled.
LPS Conservatorship: Suitable for extreme resistance of mental illness. Such a conservatorship would normally be received by court order and normally at the petition of physicians or public guardians.
Attorney Roles in Mental Health Conservatorship
Why Experience Matters for Lawyers
Traditionally, conservatorships on mental health issues are some of the most intricate problems to do with health and legal issues. A conservatorship attorney prepares one to respond to any mental health conservatorship case so that a conservatee or conservator can respond to needs arising due to controversy in the case.
Roles of Conservatorship Attorneys
Petition: this encompasses preparation as well as filing of the first petition.
Court Appearance: File a motion to have the client taken to court and require them to appear in case hearing for representation of the individual
Compliance: Educate participating parties as to the rights and responsibilities one would have been given under conservatorship.
Mediation: Take the case of family members or other disputing parties to an amicable solution to the problem.
Warning Signs of Mental Health Conservatorship
Warning Signs of Detection of Mental Disability
Warning signs that will make someone need conservatorship include;
They are not receiving appropriate care for their needs to attain food, bath or receive medical drugs.
Having had several previous hospitalizations that have become chronic in most episodes of mental disorder.
Not appreciating the extent of their illness-anosognosia.
Statutory Grounds to Act
Lack of capacity to provide consent for treatment
Risk to themselves or others resulting from self-harm.
Failure to comply with any other treatment that the court has ordered.
How to Obtain a Los Angeles Mental Health Conservatorship
Court Hearings and Evaluations
All such evidence from all the petitions is passed through by the court after filing for such petitions. Experts work with mental health, which spends money to get the person examined and later money to make a report for court. After the selection of court, conservatorship is provided.
Steps to Choose the Right Lawyer in Los Angeles Characteristics to Look Upon
Experience: Cases handled to mental health conservatorship.
Reputation: Customer review and reputation.
Sympathy: Show sympathy toward the mental anguish of the parties.
Issues to be Discussed in Consultation
How would you handle family war over conservatorship?
How do you balance between the rights of the conservatee and your role whereby conservatee’s rights are respected and protected?
General Issues in Mental Health Conservatorship Cases
Emotional and Ethical Concerns
On the part of the family, feelings would run high if an application for conservatorship is being filed. In all cases, there would be an innate tension existing between the need to protect and the desire to preserve the autonomy of the conservatee.
Legal Hurdles
It requires a court order to emerge.
There is an objection from the conservatee himself/herself or other members of the family.
Whether the conservatorship is exigent or necessary
Counseling services and support groups
NAMI Los Angeles provides family support groups as well as counseling services to involved families with mental illness
Non Profit Organizations in LA
Mental Health America of Los Angeles: Printed literature mailed, lobbied for increased mental health services, legal resource, and education.
Los Angeles Mental Health Conservatorship FAQ
How Much Would an Attorney Cost to Represent Me in a Conservatorship?
How Long Does the Conservatorship Process Take?
This shall take place by weeks or months basing its schedule on what the courts would prefer and specifics about the case.
Is Conservatorship Subject To Contesting?
Yes. Conservatee can challenge the conservatorship in case the same conservatee can show that he or she indeed has capacity to administer his or her affairs.
Is There A Choice Instead Of Conservatorship?
Yes. There is power of attorney, advance directives, or even voluntary treatment agreements.
What rights do the conservatees retain?
It retains its rights in voting, marriage and disputing the conservatorship in court.
Do I Need A Lawyer?
At the very least, you will then know whether you need or want an attorney if you don’t know what the laws on conservatorship are or when you start arguing.
