Conservatorship of James M.

Good Law
1994 Cal. App. LEXIS 1186·30 Cal. App. 4th 293·35 Cal. Rptr. 2d 567·94 Daily Journal DAR 16465·94 Cal. Daily Op. Serv. 8888
Court of Appeal of CaliforniaNovember 22, 1994C017917California1,850 words

Opinion

Opinion

Sims, J.

Following trial to the court, the court reappointed John Crane, the Director of the Nevada County Department of Social Services, as conservator of the person and estate of James M. under the Lanterman-Petris-Short Act. (Welf. & Inst. Code, § 5350 et seq.; further statutory references are to the Welfare and Institutions Code unless otherwise indicated.) The court found the conservatee continues to be gravely disabled and the least restrictive placement continues to be Napa State Hospital. The court disabled the conservatee from possessing a driver’s license, entering into contracts, consenting or refusing to consent to medical treatment whether or not related to his grave disability, and possessing a firearm. (§ 5357, subds. (a), (b), (d), (e) & (f).)

The conservatee appeals, contending the trial court lacked jurisdiction to reappoint the conservator because the prior conservatorship had expired and the court trial did not commence within 10 days following the conservatee’s demand for trial. (§ 5350, subd. (d).) The conservatee also contends the trial court erred in concluding Napa State Hospital was the least restrictive appropriate placement, and in imposing the special…

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