California Welfare and Institutions Code CHAPTER 3 - Conservatorship for Gravely Disabled Persons

• Section 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...
• Section 5350.1.
  The purpose of conservatorship, as provided for in this article, is to provide individualized treatment, supervision, and placement.(Added by Stats. 1978, Ch. 1294.)
• Section 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...
• Section 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 attended...
• Section 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...
• Section 5352.
  When the professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment determines that a person in his care...
• Section 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...
• Section 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 any...
• Section 5352.3.
  If the professional person in charge of the facility providing intensive treatment recommends conservatorship pursuant to Section 5352, the proposed conservatee may be held in...
• Section 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 appellate court.(Added by...
• Section 5352.5.
  Conservatorship proceedings may be initiated for any person committed to a state hospital or local mental health facility or placed on outpatient treatment pursuant to...
• Section 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 unless...
• Section 5353.
  A temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the determination of...
• Section 5354.
  (a) The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conservatorship to the court only if no suitable alternatives are...
• Section 5354.5.
  Except as otherwise provided in this section, the person recommended to serve as conservator shall promptly notify the officer providing conservatorship investigation whether he or...
• Section 5355.
  If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person, corporation, state or local agency or county...
• Section 5356.
  The report of the officer providing conservatorship investigation shall contain his or her recommendations concerning the powers to be granted to, and the duties to...
• Section 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...
• Section 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 conservatee...
• Section 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, shall be held...
• Section 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 treatment,...
• Section 5358.3.
  At any time, a conservatee or any person on his behalf with the consent of the conservatee or his counsel, may petition the court for...
• Section 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...
• Section 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 treatment....
• Section 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...
• Section 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...
• Section 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 5357...
• Section 5361.
  Conservatorship initiated pursuant to this chapter shall automatically terminate one year after the appointment of the conservator by the superior court. The period of service...
• Section 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...
• Section 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...
• Section 5364.
  At any time, the conservatee may petition the superior court for a rehearing as to his status as a conservatee. However, after the filing of...
• Section 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...
• Section 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 professional...
• Section 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 Administration, or...
• Section 5367.
  Conservatorship established under this chapter shall supersede any commitment under former provisions of this code relating to inebriates or the mentally ill.(Amended by Stats. 1968,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 criteria...
• Section 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...
• Section 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 or before January...

Last modified: October 22, 2018