San Diego County Department of Social Services v. Scharles

At jury trial on a petition to reestablish her conservator-ship under the Lanterman-Petris-Short Act (LPS Act; Welf. & Inst. Code, § 5000 et seq.) Deane Kaye Scharles was found to be gravely disabled. The trial court reestablished her conservatorship and imposed specific disabilities. Scharles appeals, contending the evidence was insufficient to support the finding of grave disability and the judgment should be overturned because neither of the two medical health professionals who recommended conservatorship nor her treating doctor was required to testify. We find both contentions unmeritorious and affirm the judgment.

Factual and Procedural Background

The record shows Scharles, who has a history of mental illness and treatment dating back many years, had this conservatorship established in 1988 when she was 42 years old. The public conservator was appointed on her behalf and she was placed in a state hospital. The conservator’s reestablishment petition was brought a year later under section 5361 and was supported by a declaration signed by two mental health professionals who worked at her current placement (Norwalk State Hospital), a physician (Dr. M. Trinh) and a…