Conservatorship of George H.

Bad Law
169 Cal. App. 4th 157·86 Cal. Rptr. 3d 666
Court of Appeal of CaliforniaDecember 16, 2008B204411California3,090 words

Opinion

Opinion

Jean Matulis, under appointment by the Court of Appeal, for Objector and Appellant.

Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Marc L. Sallus and Justin B. Gold for Petitioner and Respondent.

ARMSTRONG, J.—

George H. appeals from an order appointing a conservator of his person and estate under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.). We affirm.

The Lanterman-Petris-Short Act (LPS or the Act), Welfare and Institutions Code [1] section 5000 et seq., governs involuntary treatment of the mentally ill in California. Under the Act, "A conservator of the person, of the estate, or of the person and the estate may be appointed for any person who is gravely disabled as a result of mental disorder . . . ." (§ 5350.) "Gravely disabled" is defined. It means, "A condition in which a person, as a result of a mental disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter . . ." (§ 5008, subd. (h)) with the additional proviso that "a person is not `gravely disabled' if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to…

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