San Diego County Department of Social Services v. Jones

On April 10, 1986, following Lanterman-Petris-Short Act proceedings (Welf. & Inst. Code, § 5000 et seq.), the trial court found Robert Jones gravely disabled and appointed a conservator for him. Jones appeals.

I

On March 12, 1986, San Diego County Department of Social Services petitioned for appointment of a conservator for Jones. On March 19, a conservatorship investigation report was mailed to H. L. Roy Short, Jones’s appointed counsel. Thereafter, Short moved to dismiss the petition for lack of jurisdiction. The motion, however, was denied. On appeal, Jones again contends the trial court lacked jurisdiction because he was not personally served with the citation and petition to appoint a conservator, and neither he nor an attorney lawfully representing him were served with a conservatorship investigation report.

II

In a conservatorship proceeding, jurisdiction is obtained through service of a citation and petition for conservatorship upon the proposed conservatee. (Welf. & Inst. Code, § 5350; Prob. Code, § 1824; Sacks v. Superior Court (1948) 88 Cal.App.2d 808, 811 [ 199 P.2d 396 ]; see Code Civ. Proc., § 410.50.)

Here, proof of personal service upon Jones was…