Legal Rights of Persons With Disabilities - Ossh.com

appropriate treatment. (Welf. & Inst. Code, '' 5254.1 and 5276.)
F. Involuntary Detention Beyond 14 Days
After the 14-day certification period expires, a person may be involuntarily held for a longer period
under certain circumstances. If a person is suicidal as a result of a mental disorder, he or she may be recertified
for up to an additional 14-day period. (Welf. & Inst. Code, ' 5260.) If a person presents a demonstrated danger
of inflicting substantial physical harm upon others, he or she may be confined for up to 180 days. A judicial
hearing is required in order to extend the detention beyond 14 days. A person has a right to counsel and to a
jury trial. If judged to be Agravely disabled@ as a result of a mental disorder, an individual may be involuntarily
detained after the certification period only if conservatorship proceedings begin. (Welf. & Inst. Code, ' 5300 et
seq.)
G. Conservatorship Procedures
A conservator is a person appointed by the court to undertake the responsibility of making decisions for
the personal care of a Agravely disabled@ person (conservatee) or his or her property. A conservator has broad
powers, including determining the conservatee's place of residence or the type of treatment he or she will
receive. (Welf. & Inst. Code, ' 5350 et seq.) The conservatee loses the ability to make decisions on his or her
own behalf and to give legally binding consent. (Welf. & Inst. Code, ' 5357.)
A 30-day temporary conservatorship can be filed after the 14-day certification period if a person is
gravely disabled and unwilling to accept voluntary treatment. (Welf. & Inst. Code, ' 5352.1.) During the 30-
day period, an investigation is made to evaluate the person's suitability for conservatorship. Conservatorship is
recommended only if there are no suitable alternatives available.
A court hearing takes place before a permanent conservatorship can be established. A person is
entitled to a court or jury trial to determine whether he or she is Agravely disabled.@ (Waltz v. Zumwalt (1985)
167 Cal.App.3d 835.) A person has a right to representation by an attorney. Grave disability must be proved
beyond a reasonable doubt by a unanimous jury. (Conservatorship of Roulet (1979) 23 Cal.3d 219.) A court
order establishing a conservatorship may be appealed, and counsel must be appointed to assist indigent clients.
Conservatorships expire automatically after one year, but can be renewed. (Welf. & Inst. Code, '' 5360,
5361.)
A conservator is obligated to place the conservatee in the least restrictive placement. If the conservatee
cannot be placed with family or relatives, priority is given to a suitable placement near his or her family's or
relatives' home. (Welf. & Inst. Code, ' 5350 et seq.; Conservatorship of Chambers (1977) 71 Cal.App.3d 277.)
H. Mental Health Advocacy Programs
The state Department of Mental Health has a Patients' Rights Office, which is responsible for ensuring
that mental health laws, regulations, and policies on the rights of recipients of mental health services are
observed in state hospitals and community care facilities.
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