BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 193


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          ASSEMBLY THIRD READING


          AB  
          193 (Maienschein)


          As Amended  May 28, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Health          |16-0  |Bonta, Maienschein, |                      |
          |                |      |Burke, Chávez,      |                      |
          |                |      |Chiu, Gomez,        |                      |
          |                |      |Lackey, Nazarian,   |                      |
          |                |      |Patterson,          |                      |
          |                |      |Ridley-Thomas,      |                      |
          |                |      |Rodriguez,          |                      |
          |                |      |Santiago,           |                      |
          |                |      |Steinorth,          |                      |
          |                |      |Thurmond, Waldron,  |                      |
          |                |      |Wood                |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Judiciary       |10-0  |Mark Stone, Wagner, |                      |
          |                |      |Alejo, Chau, Chiu,  |                      |
          |                |      |Gallagher, Cristina |                      |
          |                |      |Garcia, Holden,     |                      |
          |                |      |Maienschein,        |                      |
          |                |      |O'Donnell           |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|








                                                                       AB 193


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          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |
          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |
          |                |      |Eggman, Gallagher,  |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
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          SUMMARY:  Permits a judge presiding over a probate conservatorship  
          to recommend to the county investigating officer the establishment  
          of a Lanterman-Petris-Short (LPS) conservatorship when there is  
          evidence of grave disability as a result of a mental disorder or  
          impairment by chronic alcoholism.  Specifically, this bill:  


          1)Allows a Probate Court to recommend a conservatorship to the  
            officer providing conservatorship investigation of the person's  
            county of residence if the court, in a proceeding under the  
            Probate Code, determines that a person for whom a  
            conservatorship has been established under the Probate Code and  
            may be gravely disabled as a result of a mental disorder or  
            impairment by chronic alcoholism, to provide individualized  
            treatment, supervision, and placement.
          2)Requires, if the recommendation for conservatorship was made by  
            the court, the existing probate conservator to disclose any  
            records or information that may facilitate the investigation.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee: 









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          1)Potential state-reimbursable mandate costs, conservatively in  
            the hundreds of thousands of dollars annually, as this bill is  
            likely to compel a greater number of conservatorship  
            investigations and reports.  These costs are likely to be  
            state-reimbursable.


          2)In addition, counties could incur significant unknown costs  
            associated with a larger number of conservatees, potentially  
            resulting in cost shifting from one segment of local government  
            to another.  These costs are not state- reimbursable.


          COMMENTS:  According to the author, probate courts today are  
          hampered in their ability to ensure proper care and treatment of  
          conservatees who suffer from a mental illness, and there currently  
          are a significant number of people who are not getting the care  
          and treatment they need.  Under the LPS Act, the individuals  
          authorized to initiate conservatorship proceedings do not include  
          probate judges or family members.  The author contends that some  
          counties are becoming more and more reluctant to initiate  
          necessary conservatorship proceedings.  This becomes an even  
          greater issue with gravely disabled homeless persons who have no  
          additional help or anyone to be a proponent for their well-being.   
          They are continually dependent on other services that have limited  
          availability for their survival and are unable to receive the  
          assistance they really need.


          The author contends that this creates a gap in treatment  
          availability, making it harder for individuals who are not already  
          hospitalized but whose problems stem from mental illness,  
          alcoholism, or drug abuse, and thus cannot qualify for treatment  
          under the Probate Code.  By allowing probate judges to initiate  
          LPS conservatorship proceedings, this bill is intended to remove  
          obstacles to treatment for these individuals.










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          1)LPS conservatorship process.  The LPS Act creates a series of  
            processes for the involuntary treatment of individuals who are  
            unwilling or unable to accept necessary mental health treatment,  
            generally conditional upon the person being gravely disabled or  
            posing a danger to self or others.  An LPS conservatorship,  
            which lasts for a year before it must be reinitiated and  
            reapproved, is typically sought after an individual has received  
            72-hour evaluation and treatment and 14-day intensive treatment  
            and continues to be gravely disabled.  The process begins when  
            the professional staff of the psychiatric facility, after having  
            evaluated and treated the individual, makes a recommendation of  
            conservatorship to the county conservatorship investigator  
            (typically designated as an office in the county, such as the  
            Public Guardian's Office or the Office of the Public  
            Conservator).  The county conservatorship investigator is then  
            required to conduct a comprehensive investigation and file a  
            petition for conservatorship only if, after considering all  
            available alternatives to conservatorship, there are no suitable  
            alternatives available.  
          2)Probate conservatorships.  Conservatorships governed by the  
            Probate Code are the most common type of conservatorship.   
            Probate conservatorships can be established for adults who are  
            unable to provide properly for their personal needs for physical  
            health, food, clothing, or shelter.  These conservatees are  
            often elderly people, but can also be seriously impaired younger  
            people.  A petition for probate conservatorship can be filed by  
            a spouse, domestic partner, or family member of the proposed  
            conservatee, any interested state or local agency, the  
            conservatee himself or herself, or any other interested person  
            or friend.  Current law contains provisions related to  
            conservatees who are unable to give informed consent for medical  
            treatment and gives the conservator the exclusive authority to  
            make health care decisions for the conservatee, including  
            requiring the conservatee to receive health care, whether or not  
            the conservatee objects.  For conservatees with dementia,  
            current law allows the conservator to place the conservatee in a  
            locked nursing or residential care facility and authorize the  
            administration of medications to treat dementia, provided that  
            the court makes specified findings.  However, current law does  








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            not contain provisions that allow a probate conservator to place  
            a conservatee in a locked facility for any reason other than  
            dementia.


          The sponsors of this bill, Conference of California Bar  
          Associations, state that this bill would allow a judge presiding  
          over a probate conservatorship to recommend to the county  
          investigating officer that a LPS conservatorship be established  
          when there is medical evidence that an individual is suffering  
          from a grave disability as a result of a mental disorder or  
          impairment by chronic alcoholism.   This provision fills a gap in  
          the law. 


          The sponsor argues that currently, one of the few persons who can  
          recommend to the conservatorship investigator that a LPS  
          conservatorship be established are the professional from the  
          agency or facility providing intensive treatment or evaluation  
          services.  If an individual is not receiving such intensive  
          treatment or evaluation services, however, no such recommendation  
          can be made, and no LPS conservatorship may be contemplated.  At  
          the same time, Probate Code Section 2356.5, governing traditional  
          probate conservatorships, only allows for a conservatee to be  
          treated in a secured facility or to be administered psychotropic  
          medications when the conservatee has a diagnosis of dementia and  
          not for any other mental health diagnosis or issue relating to  
          alcohol abuse. The sponsor concludes this creates a "gap" in  
          treatment availability for individuals who are not already  
          hospitalized, and thus can't be recommended, but whose problems  
          stem from mental illness, alcoholism or drug abuse, and thus  
          cannot qualify for treatment under the Probate Code.


          The California Association of Counties, the County Behavioral  
          Health Directors Association of California, and the Urban Counties  
          Caucus state in opposition that counties are primarily concerned  
          about the potential costs, workload levels, and overall erosion of  
          county authority in conservatorship investigations associated with  








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          authorizing the Probate Court to recommend a LPS conservatorship  
          to a county conservatorship officer and compel that officer to  
          submit a report to the Probate Court within 30 days.


          The opposition notes that currently, only a county conservatorship  
          officer or such designation official of the county can conduct LPS  
          conservatorship investigations to determine whether a person meets  
          the statutory definition of gravely disabled.  The opposition  
          states that in compelling the conservatorship officer to conduct  
          an investigation and report back to the Probate Court their  
          findings, this bill is contrary to current law, and will increase  
          the number of LPS conservatorship referrals, thereby increasing  
          county costs.  The opposition argues that should the mandate in  
          this bill become law, counties not only anticipate a significant  
          increase in workload and county costs for conservatorship  
          investigations, but will also face increased costs due to the  
          arbitrary and unrealistic 30-day mandated timeline for the  
          investigation and submission of a report to the court.




          Analysis Prepared by:                        Paula Villescaz /  
                          HEALTH / (916) 319-2097                             
                                                                              
              FN: 0000849