San Diego Department of Social Services v. Moore

The trial court, on its own motion, granted the reestablishment of Charles Moore, Jr.’s conservatorship. On appeal, Moore contends a conservatorship cannot constitutionally be reestablished without a formal hearing and that Welfare and Institutions Code section 5362 cannot be authority for any lesser process. We find Moore’s due process challenges lack merit and affirm the ex parte reestablishment order. However, we recognize Moore may be entitled to relief on writ of habeas corpus and accordingly decide this case without prejudice to Moore’s claim to extraordinary relief.

Factual and Procedural Background

On February 22, 1984, a county mental health counselor petitioned the superior court to appoint a conservator for Moore under the conservatorship provisions of the Lanterman-Petris-Short Act. (§ 5350 et seq.) An evidentiary hearing was held with Moore present and represented by appointed counsel. The trial court found Moore, due to a mental disorder, to be gravely disabled and consequently appointed a public conservator to oversee, among other things, his treatment and placement. Additionally, the trial court determined Moore was capable of registering to vote and…