Dementia Is A ‘Mental Disorder’ Under The LPS Act.

An 83-year-old man shot and killed the handyman who came to fix the garbage disposal.  He was charged with murder and he was found to be incompetent to stand trial. Doctors reported he suffered from “dementia of the Alzheimer’s type.” The superior court ordered the public guardian to petition for a conservatorship and to act as conservator under the Lanterman-Petris-Short Act [LPS Act; Welfare and Institutions Code section 5000 et seq.]. The public guardian informed the court it could not petition for conservatorship because dementia is not recognized as a recoverable mental illness and thus, does not meet the criteria for a conservatorship under the LPS Act. The superior court determined the public guardian’s refusal to act as conservator was an abuse of discretion, and ordered the public guardian to act as conservator. County counsel represented the public guardian and petitioned the Court of Appeal for a writ of mandate asking the appellate court to set aside the superior court’s order. The appellate court denied the request for extraordinary relief, stating: “Upon independent review, we conclude that the trial court in this case correctly interpreted the LPS Act to provide that dementia is a ‘mental disorder’ within the LPS Act’s meaning, contrary to the statutory interpretation urged by the public guardian.” (County of Los Angeles v. Sup. Ct. (The People) (Cal. App. Second Dist., Div. 1; December 19, 2013) (As Mod. January 17, 2014) 222 Cal.App.4th 434.)