§ 5353. — 5353. (Amended by Stats. 1978, Ch. 1268.)

California § 5353.

• 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 temporary conservator under this chapter shall determine what arrangements are necessary to provide the person with food, shelter, and care pending the determination of conservatorship. He shall give preference to arrangements which allow the person to return to his home, family or friends. If necessary, the temporary conservator may require the person to be detained in a facility providing intensive treatment or in a facility specified in Section 5358 pending the determination of conservatorship. Any person so detained shall have the same right to judicial review set forth in Article 5 (commencing with Section 5275) of Chapter 2 of this part.
The powers of the temporary conservator shall be those granted in the decree, but in no event may they be broader than the powers which may be granted a conservator.
The court shall order the temporary conservator to take all reasonable steps to preserve the status quo concerning the conservatee’s previous place of residence. The temporary conservator shall not be permitted to sell or relinquish on the conservatee’s behalf any estate or interest in any real or personal property, including any lease or estate in real or personal property used as or within the conservatee’s place of residence, without specific approval of the court, which may be granted only upon a finding based on a preponderance of the evidence that such action is necessary to avert irreparable harm to the conservatee. A finding of irreparable harm as to real property may be based upon a reasonable showing that such real property is vacant, that it cannot
reasonably be rented, and that it is impossible or impractical to obtain fire or liability insurance on such property.

Legislative History

Amended by Stats. 1978, Ch. 1268.