§ 5350.5. — 5350.5. (Amended by Stats. 2024, Ch. 492, Sec. 15.)

California § 5350.5.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 5.: DIVISION 5. COMMUNITY MENTAL HEALTH SERVICES
• Part 1.: PART 1. THE LANTERMAN-PETRIS-SHORT ACT
• Ch. 3.: CHAPTER 3. Conservatorship for Persons with a Grave Disability

Text

(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 by the conservatee, unless the conservatee waives presence, and the conservatee’s counsel, may refer the conservatee, in consultation with a licensed physician or licensed psychologist satisfying the conditions of subdivision (c) of Section 2032.020 of the Code of Civil Procedure providing assessment or treatment to the conservatee, for an assessment by the local mental health system or plan to determine if the conservatee has a treatable mental illness, including whether the conservatee is gravely disabled or impaired by chronic alcoholism, and is unwilling to accept, or is incapable
of accepting, treatment voluntarily. If the conservatee cannot afford counsel, the court shall appoint counsel for them pursuant to Section 1471 of the Probate Code.
(b)
The local mental health system or plan shall file a copy of the assessment with the court that made the referral for assessment in a proceeding under the Probate Code.

Legislative History

Amended by Stats. 2024, Ch. 492, Sec. 15. (SB 1511) Effective January 1, 2025.