Maxon

Probate Code section 2356, subdivision (d), prohibits the court from authorizing the sterilization of a conservatee. The issue in this writ proceeding is whether this statutory proscription prevents the superior court from authorizing a lifesaving surgical operation which incidentally renders the conservatee sterile. We hold that it does not.

Petitioner, the Butte County Public Guardian, seeks a writ of mandate directing the superior court to vacate its order denying a petition for authority to give consent for medical treatment. We conclude that the trial court abused its discretion and shall order a peremptory writ to issue.

I

Petitioner was appointed as the conservator of Alexandra Ellen Hurl-but, real party in interest, on October 5, 1981, under the provisions of the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5350 et seq.). In February 1982 petitioner was advised that Alexandra showed evidence of possible cervical cancer. On March 9, 1982, petitioner received a letter from Deepak Stokes, M.D., stating that a cone biopsy of the cervix and the endometrial curettages on Alexandra, done on February 19, 1982, showed, “severe squamous dysplasia and fragments of…