Edward

Edward W., Jr. by his guardian ad litem, Connie Steers, appeals from the trial court’s denial of his petition for a writ of mandate. Appellant challenges what he views as the Solano County Public Guardian’s practice of failing to provide notice to individuals detained in psychiatric treatment facilities before obtaining temporary conservatorships to allow an additional 30 days of treatment. He argues the temporary conservatees have a due process right to notice and an opportunity to be heard before establishment of the conservatorship; prior notice is required by Probate Code section 2250, subdivision (c); the absence of notice violates his right to equal protection; and the trial court erred in concluding it had no authority to grant the requested relief.

Statement of the Case and Facts

This action challenges the ex parte appointment of temporary conservatorships for individuals determined to be gravely disabled within the meaning of the Lanterman-Petris-Short Act (LPS) (Welf. & Inst. Code, § 5000 et seq.). Under section 5150, a person who, “as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled,” may be taken into custody…