Conservatorship of Murphy

In early September 1981, respondent, in his capacity as Public Guardian for Siskiyou County, petitioned the superior court for reappointment as conservator of the person and estate of William Wilford Murphy pursuant to Welfare and Institutions Code section 5361, asserting the conservatee (Murphy) was still gravely disabled, suffering from alcoholism. The court granted the petition. The petition was contested; a hearing was held October 28, resulting in the reappointment. The conservatee, Murphy, appeals contending the evidence was insufficient to support the court’s finding he was presently gravely disabled.

Only two expert witnesses testified at the hearing. Dr. Edgar Brichta testified that Murphy, who was residing in a care facility, had become intoxicated on at least three occasions in the last four years. However, he could not say “unequivocally” that Murphy still needed a conservator. On the date of his testimony, Dr. Brichta opined that Murphy was “competent to manage his affairs.” However, it was Dr. Brichta’s belief that if Murphy were permitted to manage his own affairs he would once again indulge in alcohol, hence becoming “greatly disabled and a threat to…