Public Guardian of Mendocino County v. Jesse G.

Good Law
2016 Cal. App. LEXIS 498·203 Cal. Rptr. 3d 667·248 Cal. App. 4th 453
Court of Appeal of CaliforniaJune 23, 2016A145749California5,481 words

Opinion

Opinion

Kline, J.

Appellant Jesse G. appeals from the trial court’s orders appointing the Mendocino County Public Guardian (public guardian) conservator of his person and estate pursuant to section 5350 of the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.), and imposing certain special disabilities. On appeal, he contends substantial evidence did not support either the court’s finding that he was gravely disabled (§§ 5008, subd. (h)(1)(A), 5350), or its imposition of the special disability denying him the right to refuse treatment related to his grave disability (§ 5357, subd. (d)). Because we conclude substantial evidence did not support the court’s finding that appellant was gravely disabled, we shall reverse the order appointing a conservator.

BACKGROUND

On April 9, 2015, the public guardian filed an LPS Act conservatorship petition for appointment of a conservator of appellant’s person and estate, pursuant to section 5350, and also seeking imposition of several special disabilities, pursuant to section 5357. On May 7, the public guardian filed an investigator’s report, pursuant to section 5354, recommending the appointment of an LPS Act conservator and…

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