Trusts and Estates
Conservatorship of A.J.
Cite as A170401
Filed March 13, 2025
First District, Div. Three
By Michelle Barnett Batista
Aaron, Riechert, Carpol & Riffle, APC
www.arcr.com
Headnote: LPS Conservatorships – Least Restrictive Placement
Summary: Order appointing Public Guardian as LPS conservator and authorizing Public Guardian to place conservatee in a psychiatric, nursing, or other state-licensed facility improperly delegated to the Public Guardian the duty to designate the least restrictive alternative placement for the conservatee.
The Public Guardian filed a petition to establish a conservatorship of A.J. under the Lanterman-Petris-Short Act (LPS Act). During closing argument, the Public Guardian argued that A.J. was gravely disabled because he had been unable to provide himself shelter, including periods of hospitalizations and incarceration. After the jury determined A.J. was gravely disabled, the trial court appointed the Public Guardian as conservator and gave the Public Guardian the power to place A.J. in, among other things, a psychiatric, nursing, or other state-licensed facility. A.J. appealed.
The appellate court remanded to the trial court to designate the least restrictive placement for the conservatee, but otherwise affirmed. Upon a grave disability finding, the court – not the conservator – must designate the least restrictive alternative placement for the conservatee. The form order appointing the Public Guardian as conservator failed to designate the level of placement and the fact that the Public Guardian intended to place A.J. in the least restrictive setting did not eliminate the duty of the court to set the initial level of placement. Also, the appellate court rejected A.J.’s argument that the Public Guardian improperly argued that he was unable to provide for his shelter because of his history of being involuntarily detained. The jury may consider a proposed conservatee’s prior hospitalizations and incarcerations due to mental illness when determining the existence of a grave disability and A.J.’s prior involuntary detentions were one of many factors the Public Guardian relied on to demonstrate inability to provide for shelter.