What is the test for establishing, administering and terminating a conservatorship under the LPS Act?

California, United States of America


The following excerpt is from San Diego Cnty. Health & Human Servs. Agency v. Torricellas (In re Conservatorship of Pers. of McClelland), D074107 (Cal. App. 2019):

8. "The LPS Act provides that '[t]he procedure for establishing, administering and terminating [a] conservatorship under this chapter shall be the same as that provided' in those sections of the Probate Code that deal with probate conservatorships ( 5350), unless the LPS Act provides otherwise. ( 5350[, former subd. ](f)[, currently found at subd. (h)].)" (Baber v. Superior Court (1980) 113 Cal.App.3d 955, 961, italics added.)

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