San Diego County Department of Social Services v. Wyatt

Jeffrey Wyatt appeals an order reestablishing a conservatorship of his person after the trial court denied his motion to dismiss the reestablishment petition for lack of jurisdiction.

Factual and Procedural Background

A one-year conservatorship for Wyatt was established on August 19, 1985, In June 1986 Dr. Ronald P. Rae and Dr. Michael Walsh recommended Wyatt’s conservatorship be reestablished. The San Diego County Department of Social Services (County) then filed a petition to reestablish the conservatorship. Copies of the petition and notice of hearing were mailed to Wyatt at the Edgemoor psychiatric facility where Wyatt, was residing, and were also mailed to the superintendent of Edgemoor, to Wyatt’s attorney and to Wyatt’s parents.

Wyatt, through his attorney, filed a motion to dismiss the reestablishment petition, arguing County had failed to fulfill any of the procedural requirements to reestablish the conservatorship. At the hearing on the motion, Wyatt denied having received either the citation for conservatorship or the petition to reestablish, but admitted receiving the notice of hearing from his attorney. Joanne Willadsen, an employee at the public…