San Diego County Department of Social Services v. Walker

—John Thomas Walker (John) appeals a judgment appointing a public conservator for him in response to a petition by the San Diego County Department of Social Services Counselor in Mental Health (County). He contends (1) the court erred in giving or failing to give certain jury instructions resulting in denial of due process and (2) the court abused its discretion in denying a hearing on who was to be appointed conservator.

We hold the court made certain instructional errors, which were harmless beyond a reasonable doubt. We further hold that where proof to establish a conservatorship for a person alleged to be gravely disabled is based upon substantially circumstantial evidence, the proposed conservatee is entitled, on request in an appropriate case, to have the jurors instructed as to the principles relevant when applying circumstantial evidence to the beyond a reasonable doubt burden of proof. However, we hold the court did not err in rejecting such a proposed instruction on the facts of this case, since the circumstantial evidence here is not subject to any inference other than establishing grave disability. We also hold the court abused its discretion in denying a…