Conservatorship of David L.

In this case we resolve the question of whether a prospective conservatee who requests substitute appointed counsel must be given a full opportunity to state the reasons for his request in accordance with People v. Marsden (1970) 2 Cal.3d 118 [ 84 Cal.Rptr. 156 , 465 P.2d 44 ] (Marsden).

The Shasta County Public Guardian, James D. Livingston (public guardian), filed a petition to appoint a conservator for David L. David’s mother Sandra L. and his sister Lesley L. filed a separate petition in which they sought to be appointed conservators for David. The public defender was appointed to represent David. During the trial on the petition, and in David’s absence, the public defender informed the court that David requested substitute counsel. The public defender summarized David’s reasons for the request and the trial court denied it.

The trial court found that David was “gravely disabled” as a result of a mental disorder within the meaning of the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.), appointed the public guardian as conservator of his person and estate, and determined that “the least restrictive placement” that would meet his needs was a…