Conservatorship of the Person of D.B. CA1/2

BACKGROUND

In 2006, pursuant to Penal Code section 1370, D.B. was admitted to Napa State Hospital having been found incompetent to stand trial on criminal charges that are not relevant to the issues presented in this appeal. D.B.’s maximum term of commitment was set to expire on March 8, 2009. On February 2, 2009, the trial court determined there was no likelihood that D.B. would regain competence to stand trial and directed the Department to initiate LPS conservatorship proceedings. On March 5, 2009, the Department filed a petition alleging that D.B. was gravely disabled within the meaning of section 5008, subdivision (h). A conservatorship investigation report stated that D.B. had been diagnosed with “Schizophrenia, Paranoid Type” and alcohol dependence. On August 27, 2009, the trial court granted the petition and appointed the Department as the conservator of D.B.’s person. The court annually reappointed the Department as D.B.’s conservator on August 12, 2010, August 11, 2011, August 2, 2012, and October 3, 2013. On August 14, 2014, the Department filed the petition at issue in this case seeking reappointment as D.B.’s conservator for an additional year. A physician’s…