Conservatorship of Baber

Facts

Respondent, Robert Baber, was found to be gravely disabled as defined in the Lanterman-Petris-Short Act (Act or LPS Act). (Welf. & Inst. Code, § 5008, subd. (h)(1).) Accordingly, the Public Guardian of San Bernardino County, petitioner herein, was appointed as conservator to care for his “person and estate.” Robert was subsequently placed in Sierra Vista Sanitorium, a mental health facility, for involuntary treatment. After one year elapsed, the public guardian filed this petition for reestablishment of conservatorship. Robert was given a jury trial. The jury held that Robert was not “gravely disabled” within the meaning of the Act. The petitioner appealed.

Petitioner contends that in giving the jury instructions the trial court gave an incorrect definition of a “gravely disabled” person within the meaning of the Act. Petitioner also contends that the trial court erred in refusing to allow him to call respondent as a witness, in giving argumentative jury instructions and in refusing to give an instruction proffered by petitioner.

Respondent contends that the case is moot, since Robert is again under conservatorship, and that to allow the state to appeal a jury…