In Re Conservatorship of Pamela J.

This appeal presents issues concerning the conduct of the evidentiary hearing under Welfare and Institutions Code section 5326.7, subdivision (f), part of the Lanterman-Petris-Short Act (LPS or Act; § 5000 et seq.) to determine the capacity of a patient under the Act to give or refuse to give written informed consent to electroconvulsive treatment (ECT).

On January 13, 2005, the trial court found Pamela J., a conservatee under the LPS, did not have the capacity to give such written informed consent to ECT, and ordered that her father may consent to or refuse this shock treatment on her behalf. (§ 5326.7, subds. (f) & (g).) On January 20, 2005, Pamela appealed, contending the court prejudicially erred in conducting the ECT evidentiary hearing regarding her capacity to give written informed consent in her absence because both section 5326.7, subdivision (f) and constitutional due process mandate her presence. She also claimed the court violated her due process rights by acting in the dual capacity of fact finder and advocate during that hearing and there was no substantial evidence to support the court’s conclusion by clear and convincing evidence that she did not have the…