California Probate Code § 2356.5

Probate Code
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(a) The Legislature hereby finds and declares all of the following: (1) That a person with a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders, should have a conservatorship to serve the person’s unique and special needs. (2) That, by adding powers to the probate conservatorship for people with major neurocognitive disorders, their unique and special needs can be met. This will reduce costs to the conservatee and the family of the conservatee, reduce costly administration by state and county government, and safeguard the basic dignity and rights of the conservatee. (3) That it is the intent of the Legislature to recognize that the administration of psychotropic medications has been, and can be, abused by caregivers and, therefore, granting powers to a conservator to authorize these medications for the treatment of major neurocognitive disorders requires the protections specified in this section. (b) Notwithstanding any other law, a conservator may authorize the placement of a conservatee in a secured perimeter residential care facility for the elderly operated pursuant to Section 1569.698 of the Health and Safety Code, and that has a care plan that meets the requirements of Section 87705 of Title 22 of the California Code of Regulations, upon a court’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders. (2) The conservatee lacks the capacity to give informed consent to this placement and has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit significantly impairs the person’s ability to understand and appreciate the consequences of their actions pursuant to subdivision (b) of Section 811. (3) The conservatee needs, or would benefit from, a restricted and secure environment, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). (4) The court finds that the proposed placement in a locked facility is the least restrictive placement appropriate to the needs of the conservatee. (c) Notwithstanding any other law, a conservator of a person may authorize the administration of medications appropriate for the care and treatment of a major neurocognitive disorder, upon a court’s finding, by clear and convincing evidence, of all of the following: (1) The conservatee has a major neurocognitive disorder, as defined in the last published edition of the Diagnostic and Statistical Manual of Mental Disorders. (2) The conservatee lacks the capacity to give informed consent to the administration of medications appropriate to the care of a major neurocognitive disorder, has at least one mental function deficit pursuant to subdivision (a) of Section 811, and this deficit or deficits significantly impairs the person’s ability to understand and appreciate the consequences of their actions pursuant to subdivision (b) of Section 811. (3) The conservatee needs, or would benefit from, appropriate medication, as demonstrated by evidence presented by the physician or psychologist referred to in paragraph (3) of subdivision (f). (d) Pursuant to subdivision (b) of Section 2355, in the case of a person who is an adherent of a religion whose tenets and practices call for a reliance on prayer alone for healing, the treatment required by the conservator under subdivision (c) shall be by an accredited practitioner of that religion in lieu of the administration of medications. (e) A conservatee who is to be placed in a facility pursuant to this section shall not be placed in a mental health rehabilitation center as described in Section 5675 of the Welfare and Institutions Code, or in an institution for mental disease as described in Section 5900 of the Welfare and Institutions Code. (f) A 

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