In Re Conservatorship of Person of Tian L.

San Diego County Health & Human Services Agency v. Tian L.

Good Law
149 Cal. App. 4th 1022·2007 Cal. App. LEXIS 585·2007 Daily Journal DAR 5239·57 Cal. Rptr. 3d 382·2007 Cal. Daily Op. Serv. 4060
Court of Appeal of CaliforniaMarch 21, 2007D049033California2,886 words

Opinion

Opinion

McCONNELL, J.

Tian L. (Tian) appeals a judgment reestablishing a conservatorship of the person for her under the Lanterman-Petris-Short Act (LPS Act). (Welf. & Inst. Code, § 5000 et seq.) Tian contends the court violated her procedural due process rights by accepting the sworn statement of her attorney that she willingly and knowingly consented to the reestablishment without a hearing on the matter. She asserts that under this court’s opinion in Conservatorship of Christopher A. (2006) 139 Cal.App.4th 604 [ 43 Cal.Rptr.3d 427 ] (Christopher A.), the sworn statement was inadequate because it did not recite the proposed placement and disabilities, expressly state she agreed to those items, or include her signature. We conclude Tian’s due process rights were adequately protected and affirm the judgment.

BACKGROUND

In April 2006, the Public Conservator of the County of San Diego filed a petition for the reestablishment of a conservatorship of the person for Tian under the LPS Act on the ground she remained gravely disabled by a mental disorder and was unable to provide for her basic needs of food, clothing and shelter. The petition sought Tian’s continued placement in a locked facility…

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