San Diego County Department of Social Services v. Pollock

Alyce S. Pollock appeals an order reestablishing her conservatorship under Welfare and Institutions Code, section 5362, subdivision (b). She contends the court improperly treated her waiver of her presence and the presence of her attorney at the hearing as a stipulation the court could reestablish the conservatorship. We affirm.

Factual and Procedural Background

On February 16, 1988, Public Conservator Richard J. Thomson (Conservator) filed a petition to reestablish Pollock’s conservatorship under the Lanterman-Petris-Short Act (LPS). (§ 5350 et seq.) The medical recommendation and declaration, signed by physicians A. Kent Williams and Thomas S. Whitelock, stated Pollock was suffering from senile dementia and was gravely disabled, rendering her “incapable of providing needed food, clothing, and shelter without supervision.” The Conservator served a notice of hearing by mail on Pollock; her attorney, H. L. Roy Short; and Hillcrest Convalescent, where Pollock was apparently residing. At the hearing on March 3, Short was present, although Pollock was not, and the matter was taken off calendar.

On March 28, Short requested a hearing. He also filed a motion to dismiss or…