Guardianship of Kemp

This appeal presents, for the first time in California, the question: Has the superior court, sitting in probate, jurisdiction to order a guardian to consent to the involuntary sterilization of an adult incompetent ward? We conclude that it has not.

Respondent filed a petition seeking his appointment as the guardian of his adult daughter [appellant], on the ground that she was incompetent. The probate court, finding that appellant was an incompetent person, appointed respondent guardian of her person and estate. He duly qualified as such.

Thereafter respondent filed, in the probate court, a petition which he denominated “Guardian’s Petition for Guidance and Directions under the Chancery Powers of the Court in re Therapeutic Sterilization. (Prob. Code 1400).” The petition alleged in substance that respondent had been informed by experienced, licensed medical practitioners as follows:

After a hearing, the probate court found on the basis of the evidence submitted that the health of Holly Kemp would be severely impaired if she became pregnant; that the use of an intra-uterine device was medically contraindicated; and that the taking of birth control pills had adversely…