Even if a person is on temporary LPS conservatorship, a duly authorized conservator has a duty to make decisions accordance with the “in individual health care instructions, if any, and other wishes to conservatee’s the extent known to the The California Uniform Health Care conservator.” Decisions Act has a similar provision for medical decision-making by a health care agent. Further, under Probate Code section conservator shall 2113, “[a] accommodate the desires of the conservatee, except to the extent doing so would violate the fiduciary duties to the conservatee or conservator’s impose an unreasonable expense on the conservatorship estate.” Some records provided by the counties recognize the need to protect the express interests of the conservatee. For example, Stanislaus County provided Surrogacy Standards”, which discuss how the “Medical is based on the express interests of the “Substituted Judgment Standard” conservatee and differs from the Interest Los Angeles “Best Standard.” County provided a policy stating, in part: as possible, individuals “[a]s far should retain their autonomy and remain in their own Butte and homes.” Kern Counties produced similar documents recognizing the need to “allow conservatees to develop their own life goals and to be an integral part of their own recovery planning whenever counties possible.” Several provided policies that seek to honor the safe and reasonable wishes of the conservatee. Based on the records provided by the counties, it appears that most of the county policies that reference the issue do so in a general way. The Surrogacy Standards” adopted by Stanislaus County, however, “Medical are more specific. These standards could be considered as a model by other counties that have not yet adopted similar policies. We recommend that all counties adopt written policies regarding medical surrogacy standards that require the public guardian or conservator to act based on the express interests of the conservatee. These written policies should require that the investigator or professional person recommending temporary conservatorship discuss with the individual and include in his or
Even if a person is on temporary LPS conservatorship, a duly authorized conservator has a duty to make decisions “in accordance with the conservatee’s individual health care instructions, if any, and other wishes to the extent known to the conservator.” The California Uniform Health Care Decisions Act has a similar provision for medical decision-making by a health care agent. Further, under Probate Code section 2113, “[a] conservator shall accommodate the desires of the conservatee, except to the extent doing so would violate the conservator’s fiduciary duties to the conservatee or impose an unreasonable expense on the conservatorship estate.” Some records provided by the counties recognize the need to protect the express interests of the conservatee. For example, Stanislaus County provided “Medical Surrogacy Standards”, which discuss how the “Substituted Judgment Standard” is based on the express interests of the conservatee and differs from the “Best Interest Standard.” Los Angeles County provided a policy stating, in part: “[a]s far as possible, individuals should retain their autonomy and remain in their own homes.” Butte and Kern Counties produced similar documents recognizing the need to “allow conservatees to develop their own life goals and to be an integral part of their own recovery planning whenever possible.” Several counties provided policies that seek to honor the safe and reasonable wishes of the conservatee. Based on the records provided by the counties, it appears that most of the county policies that reference the issue do so in a general way. The “Medical Surrogacy Standards” adopted by Stanislaus County, however, are more specific. These standards could be considered as a model by other counties that have not yet adopted similar policies. We recommend that all counties adopt written policies regarding medical surrogacy standards that require the public guardian or conservator to act based on the express interests of the conservatee. These written policies should require that the investigator or professional person recommending temporary conservatorship discuss with the individual and include in his or
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