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HomeWelfare and Institutions CodeDiv. 5Pt. 1Ch. 3§ 5371 Conservatorship Conflict Of Interest

§ 5371 Conservatorship Conflict Of Interest

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5371 Conservatorship Conflict Of Interest

Key Takeaways

  • •If you decide where a person under conservatorship should live, you can't make money from that place.
  • •The people who check on the conservatee and manage their care must work separately from those giving mental health treatment if there's a conflict.
  • •There must be a written plan between the treatment providers and the conservatorship team to avoid fights over what's best for the conservatee.

Example

A doctor who owns a care home tries to send a conservatee to live there.

This is not allowed because the doctor would make money from the conservatee living in their home, which is a conflict of interest.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5371 Conservatorship Conflict Of Interest

No person upon whom a duty is placed to evaluate, or who, in fact, does evaluate a conservatee for any purpose under this chapter shall have a financial or other beneficial interest in the facility where the conservatee is to be, or has been placed. Conservatorship investigation and administration shall be conducted independently from any person or agency which provides mental health treatment for conservatees, if it has been demonstrated that the existing arrangement creates a conflict of interest between the treatment needs of the conservatee and the investigation or administration of the conservatorship. The person or agency responsible for the mental health treatment of conservatees shall execute a written agreement or protocol with the conservatorship investigator and administrator for the provision of services to conservatees. The agreement or protocol shall specify the responsibilities of each person or agency who is a party to the agreement or protocol, and shall specify a procedure to resolve disputes or conflicts of interest between agencies or persons. (Amended by Stats. 1986, Ch. 335, Sec. 2.)

Last verified: January 23, 2026

Key Terms

treatmentagreementconservatorshipdutyhealthinvestigationarrangementfacility

Related Statutes

  • § 4094.2 Community Treatment Facility Budgets
  • § 5352 Involuntary Mental Health Conservatorship
  • § 5352.6 Conservatorship Treatment Plan Requirements
  • § 5354 Conservatorship Alternatives Investigation
  • § 4090 Social Rehabilitation Program Standards

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 5371.
View Official Source