Here is a blog post drafted based on the provided content and core messages.
******
Title: Conservatorship of D.P.: LPS Reappointment Rules and What Families Should Know Conservatorship of D.P.: LPS Reappointment Rules and What Families Should Know
For families navigating the complex world of mental health law in California, the Lanterman-Petris-Short (LPS) conservatorship is a critical legal tool. However, because LPS conservatorships expire annually, the reappointment process can be a source of significant anxiety and confusion.
A pivotal court case, *Conservatorship of D.P.*, has clarified exactly what must be proven to renew these conservatorships. Understanding this ruling is essential for families trying to ensure the continued safety and care of a loved one.
### The Case: *Conservatorship of D.P.*
In this specific case, the Public Guardian sought to be reappointed as the conservator for “D.P.” The jury found D.P. to be gravely disabled and approved the reappointment. However, D.P. appealed the decision, arguing that the jury instructions were incomplete.
D.P. argued that the Public Guardian should have been required to prove a third element: that the conservatee was “unwilling or unable voluntarily to accept meaningful treatment.”
The California Court of Appeal rejected this argument.
### The Ruling: What Is Required for Reappointment?
The court affirmed that to reappoint an LPS conservator, the petitioner must prove two elements beyond a reasonable doubt:
1. The existence of a mental disorder.
2. That the individual is “gravely disabled” as a result of that disorder.
The court ruled that the “unwillingness or inability to accept treatment” is not a mandatory legal element that must be proven separately. While a jury can consider a person’s willingness to accept treatment as a *factor* in determining grave disability, it is not a standalone requirement for the conservatorship to continue. a mandatory legal element that must be proven separately. While a jury can consider a person’s willingness to accept treatment as a *factor* in determining grave disability, it is not a standalone requirement for the conservatorship to continue.
### What This Means for Families
This distinction is vital. It means that even if a loved one claims they are willing to accept treatment, they may still be subject to conservatorship if they remain “gravely disabled”—meaning they cannot provide for their own basic needs of food, clothing, and shelter due to their mental disorder.
Here is how families can apply this knowledge to their own planning:
#### 1. Focus on “Grave Disability” (Functional Ability)
When preparing for a reappointment hearing, the focus should not solely be on whether the loved one says they will take their medication. The legal standard is whether they can function safely in society. Can they shop for food? Can they manage shelter? Can they dress themselves appropriately for the weather?
#### 2. Documentation is Key
Families should build a timeline and track limitations. Document specific instances where the mental disorder prevented the loved one from meeting their basic survival needs. This evidence speaks directly to the “grave disability” requirement.
#### 3. “Willingness” vs. “Capacity”
Understand that “willingness” to treat does not always equate to the “capacity” to survive safely. The *Conservatorship of D.P.* ruling protects individuals who might agree to treatment verbally but lack the functional ability to follow through or care for themselves due to their condition.
### Steps Families Should Take Now
If you are approaching an LPS reappointment or are concerned about the long-term care of a loved one, take these proactive steps:
* Build a Timeline: Keep a log of behavioral changes, hospitalizations, and functional limitations.
* Stabilize Finances: Ensure the conservatee’s estate is protected. This often involves setting up Special Needs Trusts (SNT) to protect government benefit eligibility.
* Seek Legal Guidance: Mental health law is nuanced. You need professionals who understand the specific burdens of proof required in California courts. Mental health law is nuanced. You need professionals who understand the specific burdens of proof required in California courts.
### How CPT Law Can Help
Navigating the intersection of mental health law, conservatorships, and estate planning requires experienced guidance. Whether you are a professional fiduciary, a family member, or a legal professional seeking support, we are here to assist.