San Diego Department of Social Services v. Waltz

A conservator was appointed (Welf. & Inst. Code, § 5350) when John Waltz was found to be incapable of providing for his basic personal needs. He was also found incapable of consenting to or refusing electroconvulsive therapy (ECT) and his conservator was given the power to consent or refuse this shock treatment on his behalf. (§ 5326.7, subds. (f) & (g).)

Waltz contends expert medical evidence was improperly admitted at the conservator hearing; the ECT hearings were untimely; the county counsel improperly participated in the ECT hearings; and the court made erroneous orders at the ECT hearings. These contentions do not establish reversible error.

However, the judgments establishing Waltz’s inability to give informed consent to ECT are not supported by substantial evidence, and we reverse them.

Statement of Facts

John Waltz has a long history of mental illness. His behavior had been relatively stable while taking lithium, and he had been living at Holly Center, a board and care home for the mentally disabled. However, after signs of kidney injury this medication was discontinued, he became severely psychotic and was hospitalized at Mesa Vista Hospital where he was…