Chapter 7.91 — LANTERMAN-PETRIS-SHORT ACT AND PROBATE CODE CONSERVATORSHIPS

The board of supervisors declares as follows:

A.

California law provides procedures both for investigating the need for, and appointing if necessary, a conservator to assist individuals who are gravely disabled as a result of a mental disorder or chronic alcoholism under Welfare and Institutions Code Sections 5350 et seq. (the Lanterman-Petris-Short (LPS) Act) or are unable to properly provide for their personal needs or to manage their own financial resources under Probate Code Sections 1800 et seq.

B.

From time to time individuals in need (or potentially in need) of these conservatorship services do not have family members, friends, or others who are willing or able to initiate conservatorship proceedings on their behalf or, ultimately, to serve as conservators upon determination by the court that a conservatorship is required.

C.

Accordingly, there is a need in Mono County to provide these individuals with assistance in establishing a conservatorship, as well as to provide them with an entity or individual that is willing to serve as conservator upon appointment by the court.

D.

The directors of Mono County's department of mental health and social services have mutually agreed upon a procedure whereby the director of the department of mental health will assist such individuals prior to the appointment of a conservator and serve as conservator (if so appointed by the court) in LPS Act cases and the director of the department of social services will assist such individuals prior to the appointment of a conservator and serve as conservator (if so appointed by the court) in Probate Code cases.

E.

The purpose of this chapter is to ratify and affirm the procedures agreed to by the departments of mental health and of social services as well as to designate the Mono County office of the district attorney as the officer conducting conservatorship investigations.

(Ord. 00-01 § 1 (part), 2000.)

A.

Consistent with Welfare and Institutions Code Section 5352, the director of the Mono County department of mental health may initiate conservatorship proceedings on behalf of individuals that he or she determines are in need of such services under Welfare and Institutions Code Sections 5350 et seq. (the Lanterman- Petris-Short (LPS) Act), by recommending to the officer providing conservatorship investigations that an investigation be conducted.

B.

The Mono County office of the district attorney is designated as the officer providing conservatorship investigations under Welfare and Institutions Code Section 5351 and may conduct investigations regarding the need to establish an LPS conservatorship for individuals potentially needing such services.

C.

If and when it is found that the individual in question is in need of a conservator under the LPS Act, the district attorney may petition the superior court to establish an LPS conservatorship.

D.

In the absence of family members, friends, or others capable of serving as a conservator, and upon appointment by the court, the director of the department of mental health may serve as conservator of the person, of the estate, or both for individuals in need of such services under the LPS Act. Such conservatorship shall automatically terminate one year after appointment, with limited exceptions for conservatorships of the estate, as set forth in Welfare and Institutions Code Section 5361.

E.

When the director of the department of mental health has been appointed by the court to serve as conservator, if the director determines that conservatorship is still required beyond the one year period, he or she may petition the court for reappointment for a succeeding one year period in accordance with the requirements and procedures set forth in Welfare and Institutions Code Section 5361.

(Ord. 00-01 § 1 (part), 2000.)

A.

The director of the Mono County Department of social services may initiate conservatorship proceedings on behalf of individuals that he or she determines are in need of such services under Probate Code Section 1801 by recommending to the office of the district attorney that a conservatorship investigation be conducted.

B.

The Mono County office of the district attorney may conduct investigations regarding the need to establish a conservatorship for individuals potentially needing such services under Probate Code Sections 1800 et seq.

C.

Upon concluding that the individual in question is in need of a conservator under the Probate Code, either the district attorney or the director of the department of social services may petition the superior court to establish a conservatorship.

D.

In the absence of family members, friends, or others capable of serving as a conservator, and upon appointment by the court, the director of the department of social services may serve as conservator of the person, of the estate, or both if so appointed by the court for an individual in need of such services under Probate Code Sections 1800 et seq.

(Ord. 00-01 § 1 (part), 2000.)

The director of the department of mental health may refer individuals that are potentially in need of a conservator under Probate Code Sections 1800 et seq. to the director of the department of social services, and the director of the department of social services may refer individuals that are potentially in need of a conservator under the LPS Act to the director of the department of mental health.

(Ord. 00-01 § 1 (part), 2000.)