SB 1394: Conservatorships: gravely disabled persons.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-09-30
Existing law, the Lanterman-Petris-Short Act, among other provisions, authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, as specified, in order to provide individualized treatment, supervision, and placement. Existing law authorizes a court to establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator under specified circumstances. Existing law, if the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, authorizes the court to extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial if that extension does not exceed 6 months.
This bill would instead authorize the court to extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial if that extension does not exceed 180 days.
Existing law, the Lanterman-Petris-Short Act, among other provisions, authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, as specified, in order to provide individualized treatment, supervision, and placement. Existing law authorizes a court to establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator under specified circumstances. Existing law, if the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, authorizes the court to extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial if that extension does not exceed 6 months.
This bill would instead authorize the court to extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial if that extension does not exceed 180 days.
Existing law, the Lanterman-Petris-Short Act, among other provisions, authorizes a conservator of the person, of the estate, or of the person and the estate to be appointed for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism, as specified, in order to provide individualized treatment, supervision, and placement. Existing law authorizes a court to establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator under specified circumstances. Existing law, if the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, authorizes the court to extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial if that extension does not exceed 6 months.
This bill would instead authorize the court to extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial if that extension does not exceed 180 days.
(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 comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5354, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for their recommendation, if the court is satisfied that the comprehensive report or affidavit shows the necessity for a temporary conservatorship.
(b)Except as provided in this section, a temporary conservatorship shall expire automatically after 30 days, unless prior to that date the court conducts a hearing on the issue of whether or not the proposed conservatee is gravely disabled, as defined in subdivision (h) of Section 5008.
(c)If the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial, provided that the extension does not exceed 180 days.
(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 comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5354, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for their recommendation, if the court is satisfied that the comprehensive report or affidavit shows the necessity for a temporary conservatorship.
(b)Except as provided in this section, a temporary conservatorship shall expire automatically after 30 days, unless prior to that date the court conducts a hearing on the issue of whether or not the proposed conservatee is gravely disabled, as defined in subdivision (h) of Section 5008.
(c)If the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial, provided that the extension does not exceed 180 days.
(a)The court may establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator conservator, on the basis of the comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5354, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for his or her their recommendation, if the court is satisfied that the comprehensive report or affidavit shows the necessity for a temporary conservatorship.
(b)Except as provided in this section, all temporary conservatorships a temporary conservatorship shall expire automatically at the conclusion of after 30 days, unless prior to that date the court shall conduct conducts a hearing on the issue of whether or not the proposed conservatee is gravely disabled disabled, as defined in subdivision (h) of Section 5008.
(c)If the proposed conservatee demands a court or jury trial on the issue of whether he or she is they are gravely disabled, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial, provided that the extension shall in no event exceed a period of six months. does not exceed 180 days.
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Date
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Status
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| Sep 30, 2022 | Chaptered by Secretary of State. Chapter 996, Statutes of 2022. |
| Sep 30, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 24, 2022 | In Senate. Ordered to engrossing and enrolling. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Senate. |
| Jun 27, 2022 | From consent calendar on motion of Assembly Member Reyes. |
| Jun 22, 2022 | Read second time. Ordered to consent calendar. |
| Jun 21, 2022 | From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 21). |
| Jun 15, 2022 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 13. Noes 0.) (June 14). Re-referred to Com. on JUD. |
| May 27, 2022 | Referred to Coms. on HEALTH and JUD. |
| May 24, 2022 | In Assembly. Read first time. Held at Desk. |
| May 23, 2022 | Read third time. Passed. (Ayes 36. Noes 0. Page 3823.) Ordered to the Assembly. |
| Mar 31, 2022 | Read second time. Ordered to third reading. |
| Mar 30, 2022 | From committee: Do pass and re-refer to Com. on PUB. S. with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 3255.) (March 29). Re-referred to Com. on PUB. S. |
| Mar 15, 2022 | Set for hearing March 29. |
| Mar 9, 2022 | Referred to Coms. on JUD. and PUB. S. |
| Feb 22, 2022 | From printer. |
| Feb 18, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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| Aug 23, 2022 | SB 1394 Eggman Senate Third Reading By Maienschein | Assembly Floor |
Passed |
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| May 23, 2022 | Senate 3rd Reading SB1394 Eggman | Senate Floor |
Passed |
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