§ 5352.1
268 words·~1 min read·
/ca/welfare-and-institutions-code/5352-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The court may establish a temporary conservatorship for a period not to exceed 30 days and appoint a temporary conservator, on the basis of the comprehensive report of the officer providing conservatorship investigation filed pursuant to Section 5354, or on the basis of an affidavit of the professional person who recommended conservatorship stating the reasons for their recommendation, if the court is satisfied that the comprehensive report or affidavit shows the necessity for a temporary conservatorship.
(b)If the petition for establishment of a temporary conservatorship is based on an affidavit of the professional person who recommended conservatorship, the affidavit shall include an attestation by the professional person that all available alternatives to conservatorship, including, but not limited to, assisted outpatient treatment pursuant to Section 5346 and the CARE Act proceedings pursuant to Section 5978, as applicable, have been considered by the professional person or have been investigated pursuant to Section 5354, and that appointment of a temporary conservator is recommended because no suitable alternatives to conservatorship are available.
(c)Except as provided in this section, a temporary conservatorship shall expire automatically after 30 days, unless prior to that date the court conducts a hearing on the issue of whether or not the proposed conservatee is gravely disabled, as defined in subdivision
(h)of Section 5008.
(d)If the proposed conservatee demands a court or jury trial on the issue of whether they are gravely disabled, the court may extend the temporary conservatorship until the date of the disposition of the issue by the court or jury trial, provided that the extension does not exceed 180 days.