BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 193|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 193
          Author:   Maienschein (R), et al.
          Amended:  9/2/15 in Senate
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/30/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  77-0, 6/2/15 - See last page for vote

           SUBJECT:   Mental health:  conservatorship hearings


          SOURCE:    Conference of California Bar Associations


          DIGEST:  This bill authorizes the probate court, after an  
          evidentiary hearing attended by a proposed conservatee and/or  
          his counsel, to order an investigation for a Lanterman-Petris  
          Short (LPS) Act conservatorship, as specified, if the court  
          determines that a person for whom a probate conservatorship has  
          been established may be gravely disabled and is unwilling or  
          incapable of accepting treatment voluntarily.  This bill  
          requires the officer providing conservatorship investigation to  
          petition the superior court in the patient's county of residence  
          to establish a conservatorship if he or she concurs with the  
          recommendation of the court, and to file a copy of his or her  
          report with the court.









                                                                     AB 193  
                                                                    Page  2





          Senate Floor Amendments of 9/2/15 clarify that the court may  
          order an investigation, after an evidentiary hearing, to  
          determine whether the proposed conservatee should be subject to  
          an LPS conservatorship, rather than make a recommendation for  
          the conservatorship.  The amendments also clarify that the  
          proposed conservatee may waive appearance at the evidentiary  
          hearing.


          ANALYSIS:   


          Existing law: 


          1)Provides that if a person is gravely disabled as a result of  
            mental illness, or a danger to self or others, then a peace  
            officer, staff of a designated treatment facility or crisis  
            team, or other professional person designated by the county,  
            may, upon probable cause, take that person into custody for a  
            period of up to 72 hours for assessment, evaluation, crisis  
            intervention, or placement in a designated treatment facility.  
             (Welf. & Inst. Code Sec. 5150.) 


          2)Provides that a person who has been detained for 72 hours may  
            be detained for up to 14 days of intensive treatment if the  
            person continues to pose a danger to self or others, or to be  
            gravely disabled, and the person has been unwilling or unable  
            to accept voluntary treatment.  Existing law further provides  
            that a person who has been detained for 14 days of intensive  
            treatment may be detained for up to 30 additional days of  
            intensive treatment if the person remains gravely disabled and  
            is unwilling or unable to voluntarily accept treatment.   
            (Welf. & Inst. Code Secs. 5250, 5270.15.) 


          3)Allows the professional person in charge of a facility  
            providing 72-hour, 14-day, or 30-day treatment to recommend an  
            LPS conservatorship to the county conservatorship investigator  
            for a person who is gravely disabled and is unwilling or  







                                                                     AB 193  
                                                                    Page  3


            unable to voluntarily accept treatment, and requires the  
            conservatorship investigator, if he or she concurs with the  
            recommendation, to petition the superior court to establish an  
            LPS conservatorship.  (Welf. & Inst. Code Sec. 5350 et seq.)


          4)Gives the LPS conservator the right, if specified in the court  
            order, to require the conservatee to receive treatment related  
            specifically to remedying or preventing the recurrence of the  
            conservatee's being gravely disabled.  (Welf. & Inst. Code  
            Secs. 5358, 5358.2.)


          5)Permits any interested person to petition the court for the  
            appointment of a "conservator of the person" for a person who  
            is unable to provide properly for his or her personal needs  
            for physical health, food, clothing, or shelter, and permits  
            the appointment of a "conservator of the estate" for a person  
            who is unable to manage his or her financial resources or  
            resist fraud or undue influence.  (Prob. Code Sec. 1801  
            (a)-(b).) 


          6)Permits a conservator under the Probate Code to place a  
            conservatee in a locked facility only if there is clear and  
            convincing evidence of all of the following: 

                 the conservatee has dementia; 
                 the conservatee lacks capacity to give informed consent,  
               as specified, to this placement; 
                 the conservatee would benefit from this placement; and 
                 the court determines that placement in a locked facility  
               is the least restrictive placement given the needs of the  
               conservatee.  (Prob. Code Sec. 2356.5.)

          This bill:


          1)Authorizes a court, after an evidentiary hearing attended by  
            the proposed conservatee and/or his counsel, to order the  
            county officer providing the conservatorship to conduct an  
            investigation for an LPS conservatorship, when the court, in  
            consultation with a physician or psychologist providing  
            comprehensive evaluation or intensive treatment, in a probate  







                                                                     AB 193  
                                                                    Page  4


            conservatorship hearing determines, based on evidence  
            presented to the court, that a person for whom a probate  
            conservatorship has been established may be gravely disabled  
            as a result of mental disorder or chronic alcoholism and is  
            unwilling or incapable of accepting treatment voluntarily.  


          2)Requires the officer, if the officer providing the  
            conservatorship investigation concurs with the recommendation  
            of the court, to petition the appropriate superior court to  
            establish the LPS conservatorship.


          3)Requires the officer providing the conservatorship  
            investigation to file his or her report with the court that  
            made the conservatorship investigation.  


          4)Requires an existing probate conservator to disclose any  
            records or information that may facilitate the investigation.


          Background


          The Probate Code sets forth a statutory scheme governing the  
          appointment of conservators for adults who cannot take care of  
          themselves or their finances. These conservatees are often  
          elderly people, but can also be younger people who have been  
          seriously impaired. A conservator of the person is appointed to  
          make decisions about personal matters for the conservatee,  
          including decisions about food, clothing, and residence, and a  
          conservator of the estate is responsible for handling the  
          financial affairs of the conservatee. A conservator generally  
          has the power to collect the conservatee's assets, pay bills,  
          and make investments, but must seek court supervision for major  
          transactions, such as the purchase or sale of real property,  
          borrowing money, and gifting of assets.


          The Lanterman-Petris-Short (LPS) Act, additionally provides a  
          statutory process under which gravely disabled individuals can  
          be involuntarily held and treated in a mental health facility in  
          a manner that safeguards their constitutional rights.  A person  







                                                                     AB 193  
                                                                    Page  5


          is "gravely disabled" if he or she, as a result of a metal  
          disorder, is unable to provide for his or her basic personal  
          needs for food, clothing, or shelter.  The LPS Act was intended  
          to balance the goals of maintaining the constitutional right to  
          personal liberty and choice in mental health treatment, with the  
          goal of safety when an individual may be a danger to oneself or  
          others. The LPS Act authorizes the superior court to appoint a  
          conservator of a gravely disabled person, so that he or she may  
          receive individualized treatment, supervision, and placement.  


          Under the LPS Act, anyone who, as a result of a mental health  
          disorder, is either a danger to self or to others or is gravely  
          disabled can be involuntarily hospitalized in a facility for 72  
          hours of evaluation and treatment without court intervention. In  
          the case of individuals who are a danger to themselves or  
          others, a peace officer, professional person in charge of an  
          evaluation facility, staff member, or other specified  
          professional who has probable cause, may take the person into  
          custody. If there is probable cause to believe that a person is  
          gravely disabled, any person may make the application to the  
          responsible county agency or person.  If specified criteria are  
          met, the initial 72-hour hold may be extended up to 30 days.   
          Upon the recommendation of the professional person in charge of  
          the evaluation, a conservatorship investigator must investigate  
          all available alternatives to an LPS conservatorship, and  
          recommend to the superior court, for or against conservatorship.  
          This bill allows a probate court, who is overseeing a  
          conservatorship, to recommend an LPS conservatorship to the  
          conservatorship investigator.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee


           Conservatorship investigations:  Potentially significant  
            non-reimbursable local costs (Local Funds) in the mid to high  
            hundreds of thousands of dollars annually for county public  
            guardians to conduct a greater number of conservatorship  
            investigations and reports. Any increase in local costs is not  
            estimated to be eligible for state reimbursement as the  







                                                                     AB 193  
                                                                    Page  6


            Commission on State Mandates (CSM) has determined that  
            state-mandated activities on public guardians are triggered  
            only after a county's discretionary decision to establish the  
            office of the public guardian, as specified, and the  
            investigations would be upon order of the court.


           LPS conservatorship placements and services:  Potentially  
            significant to major increases in non-reimbursable local costs  
            (Local Funds) to county behavioral health and mental health  
            departments for additional LPS placements, services, and  
            treatment. The magnitude of these costs would be dependent on  
            the number of new conservatorships and the level of services  
            and treatment provided to each conservatee, which is unknown  
            at this time. To the extent a number of LPS conservatees are  
            Medi-Cal eligible could result in increases in medically  
            necessary specialty mental health services including but not  
            limited to crisis residential treatment and medication support  
            services, resulting in increased Medi-Cal program costs  
            (Federal Fund/General Fund).   


           DSH impact:  For LPS conservatorship placements into  
            Department of State Hospital (DSH) facilities, counties would  
            be responsible for all treatment costs. The counties are also  
            billed for actual bed usage according to the bed rate  
            structure developed by DSH. 




          SUPPORT:   (Verified9/2/15)


          Conference of California Bar Associations (source)
          American Association of Retired Persons 




          OPPOSITION:   (Verified9/2/15)


          California State Association of Counties







                                                                     AB 193  
                                                                    Page  7


          California State Association of Public Administrators, Public  
          Guardians, and Public Conservators
          County Behavioral Health Directors Association of California
          Monterey County Board of Supervisors
          San Joaquin County 
          Ventura County Board of Supervisors
          Urban Counties Caucus


          According to the author: 


            Under current law only a professional from a county agency or  
            facility providing intensive treatment or evaluation services  
            may make a recommendation to the conservatorship investigator  
            for an LPS conservatorship based on specific findings of an  
            individual's level of disability. If an individual is not  
            receiving such intensive treatment or evaluation services, no  
            such recommendation can be made, and no LPS conservatorship  
            may be contemplated.  At the same time, the Probate Code  
            governing traditional probate conservatorships only allows for  
            treatment of a conservatee in a secured facility, or  
            involuntary administration of psychotropic medications, when  
            the conservatee has a diagnosis of dementia and not for any  
            other mental health diagnosis, no matter how serious. This  
            creates a "gap" in treatment availability into which fall  
            individuals who are not already hospitalized, and thus cannot  
            be recommended, but whose problems stem from mental illness,  
            and therefor do not qualify for treatment under the Probate  
            Code.


          ARGUMENTS IN OPPOSITION:     The California State Association of  
          Counties, the County Behavioral Health Directors Association of  
          California and the Urban Counties Caucus express concern about  
          the potential costs, workload levels, and overall erosion of  
          county authority in conservatorship investigations should this  
          bill move forward. In opposition, these groups write: 


            While ? AB 193 does not require the conservatorship officer to  
            recommend conservatorship, it does compel the conservatorship  
            officer to conduct a conservatorship investigation and report  
            back to the Probate Court their findings.  This is contrary to  







                                                                     AB 193  
                                                                    Page  8


            current law, will increase the number of LPS conservatorship  
            referrals, and will increase the number of LPS conservatorship  
            referrals, and will increase county costs. 


            Counties understand that the root issue and reason for this  
            bill is to provide treatment to those who may be unable to  
            comprehend their illnesses or actions.  However, we note that  
            a person suffering from a mental illness will likely touch the  
            county mental health system and currently may be referred by  
            that system for a LPS conservatorship.  AB 193 would bypass  
            the established mental health system and give probate judges  
            the same authority over mental health evaluations as mental  
            health practitioners.

          ASSEMBLY FLOOR:  77-0, 6/2/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Bonilla, Chávez, Grove

          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          9/3/15 13:52:50


                                   ****  END  ****