Can a conservatee force a mental health institution to police the sexual conduct of a severely disabled patient?

See also Foy v. Greenblott (1983) 141 Cal.App.3d 1, 190 Cal.Rptr. 84, holding that the failure of mental health professionals to police the sexual conduct of a gravely disabled (Welf. & Inst.Code, 5008) conservatee is not actionable since policing of patients in institutions would violate the patients' right to the least restrictive conditions and would interfere with the patients' individual autonomy including privacy and social interaction.

26 No suggestion is made here that the restriction is justified because the medical procedure poses a significant danger to the health of the patient. We need not consider, therefore, whether a lesser interest would meet the constitutional imperative. (Cf. People v. Privitera (1979) 23 Cal.3d 697, 702, 153 Cal.Rptr. 431, 591 P.2d 919.)