Conservatorship of the Person of C.O. CA1/4

Good Law
Court of Appeal of CaliforniaMay 5, 2025A172178California3,934 words

Opinion

Opinion

Siggins, J.

I. BACKGROUND

A. Governing Law and Standard of Review The LPS Act authorizes one-year conservatorships for those who are gravely disabled due to a mental health disorder. (§ 5350.) “ ‘[G]ravely disabled’ ” is defined as “[a] condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care.” (§ 5008, subd. (h)(1)(A).) This definition does “not require a finding that a proposed conservatee cannot provide for her food, clothing, and shelter.” (Conservatorship of Carol K. (2010) 188 Cal.App.4th 123, 135 (Carol K.).) “ ‘Personal safety’ means the ability of one to survive safely in the community without involuntary detention or treatment . . . .” (§ 5008, subd. (p).) “ ‘Necessary medical care’ ” is defined as “care that a licensed health care practitioner . . . determines to be necessary to prevent serious deterioration of an existing physical medical condition that, if left untreated, is likely to result in serious bodily injury . . . .” (id.,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.