San Diego County Health & Human Services Agency v. Guerrero

Jaime Flores Guerrero appeals a judgment reestablishing his Lanterman-Petris-Short (LPS) conservatorship. He contends the court erred by instructing the jury he could be considered gravely disabled if the jury found he would not take medication for a mental disorder, and he would be unable to provide for his basic needs of food, clothing or shelter without medication. We hold the challenged jury instruction did not improperly create an alternative basis not contained in the statute for a finding of grave disability. We affirm the judgment.

Factual and Procedural Background

On September 22, 1997, the public conservator petitioned to reestablish the LPS conservatorship of Jaime Guerrero, a 40-year-old man who has suffered from schizoaffective disorder, bipolar type, with paranoid features, since the age of 19.

The conservatorship was originally established in 1996 when Guerrero, who was then living in an apartment with the assistance of his parents, ceased taking his medication and became delusional, believing his food was poisoned. He stopped eating and, as a result, lost 25 pounds.

As of the time of the hearing to reestablish the conservatorship, Guerrero had spent 35…