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An LPS Conservatorship (Lanterman-Petris-Short) is designated for client’s who require a conservatorship due to mental illness or chronic alcoholism, who are gravely disabled and may need to be secured in a locked setting. It can only be initiated by a licensed psychiatrist, while the client is in an inpatient hospital. If granted, it must be renewed annually or it expires.
A Probate Conservatorship is pursued for individuals who may not be able to continue managing their affairs due to physical illness, frailness due to age or other disability. It can be initiated by anyone, but usually is petitioned with the court through a private attorney or through the Public Guardian’s Office with the assistance of County Counsel. Unlike an LPS Conservatorship, the Probate Conservatorship does not expire. For further information, contact us at 707-253-4398.
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Adult Protective Services only evaluates adults who are 65 or older or a person 18 to 64 years who is considered to be dependent due to a physical or mental disability, which prevents or limits that individual from carrying out normal activities or protecting his or her rights. For further information, contact us at 707-253-4398.
Adult Protective Services (APS) can only remove a person from an unsafe home on a voluntary basis. If the person is mentally competent and understands the risk of remaining in the unsafe home, APS has no jurisdiction. If the client is thought to be mentally incompetent APS must take legal steps through the court to determine whether a conservatorship or surrogate decision-maker is necessary. If the client appears to be "gravely disabled" as defined in the Welfare and Institutions Code, Section 5000, et sequentes, a mental health worker can be called to evaluate and determine if the client can be removed from the home and detained for psychiatric observation. For further information, contact us at 707-253-4398.
Adult Protective Services does not have the resources to locate independent housing for elderly or dependent adults who are being evicted or are already homeless. APS can assess the client for out of home care in a board and care home, assisted living, etc. and try to facilitate placement. APS also makes referrals to agencies which assist clients with emergency housing, referrals to shelters, to the Napa Housing Authority, and other organizations serving the homeless, including the homeless coordinator. For further information, contact us at 707-253-4398.
Adult Protective Services (APS) will help evaluate older and dependent adults who are abused by their domestic partners. The normal, most effective route would be for the abused to call law enforcement, report such incidents to their physician, the hospital, or to the Napa Emergency Women’s Shelter. They would then be in the protective system regarding housing, legal regress, etc. APS usually receives calls from one of the organizations mentioned above to help the client with other protective issues following the initial intervention.
Included in the broad domestic abuse definition would be clients abused by other family members who are in a care-giving role. This could include a spouse, daughter, or son living in the home who commits abuse against the victim while acting in the role as their caregiver. For further information, contact us at 707-253-4398.
Adult Protective Services (APS) will not sign admission forms for a confused client who is in need of a nursing home. If the client is too confused to give informed consent, the client’s physician could authorize the transfer as long as:
For further information, contact us at 707-253-4398.
Adult Protective Services does not accept a case because a client has difficulty managing their finances. If a client has other protective needs, and managing their income will prevent eviction or financial exploitation, APS can refer clients to resources which may be able to handle bill paying, debt counseling, etc. For further information, contact us at 707-253-4398.
It is not necessary to have proof of one’s suspicions to make a report of a suspected abuse as long as the report is made in "good faith." There are penalties, however, for making a false or malicious report of abuse. A caller may request to be confidential and that is respected. In fact, the caller does not have to identify himself/herself at all, unless they are a mandated reporter by law. For further information, contact us at 707-253-4398.
Adult Protective Services does not automatically refer such cases for a conservatorship. There are many factors to determine if a Conservatorship should be pursued. Other methods are tried first which may alleviate the problem such as finding a responsible party to assist the client or be legally appointed as Power of Attorney, etc. A consultation with the Napa County Public Guardian is made after the social worker does a Conservatorship investigation. This might include talking with the client’s physician, family, and other involved persons to determine if a conservatorship is the only viable plan. Referrals to the Public Guardian do not guarantee acceptance of the case. For further information, contact us at 707-253-4398.
Adult Protective Servicescan provide referrals to caregivers to go into the home of a frail client. In Home Supportive Services (a state run program administered by the county for low income individuals) is one of the resources. Referrals to care giving agencies and nursing registries can be provided to the client. Contact In Home Supportive Services at 707-253-3818.
A social worker has up to 10 calendar days to respond to a non-emergency report of Adult Protective Services. For further information, contact us at 707-253-4398.
An emergency response report is one in which an abuse or neglect incident or condition is believed to likely result in permanent injury or death. An Adult Protective Services social worker will respond immediately to check on the client’s welfare (Emergency response services are available 24 hours a day, seven days per week). For further information, contact us at 707-253-4398.