San Diego County Health & Human Services Agency v. John L.

At a hearing on April 4, 2006, the superior court considered a petition to establish a conservatorship of the person of John L. pursuant to the Lanterman-Petris-Short Act (LPS Act or Act; Welf. & Inst. Code, § 5000 et seq.). 1 A report prepared by a conservatorship investigator the month before the hearing stated that John “made it clear” he did not want a conservator and did not need any assistance. At the hearing, however, John’s appointed attorney informed the court that John did not want to be present in court and was not contesting the conservatorship. Relying on the attorney’s representations, the court excused John’s presence, granted the petition, and appointed the Public Conservator of San Diego County as conservator of John’s person. We conclude the superior court did not commit any statutory or due process violation in doing so. We therefore affirm the judgment of the Court of Appeal.

Factual and Procedural Background

The LPS Act authorizes the superior court to establish a conservatorship of a person who is gravely disabled as a result of a mental disorder. (§§ 5350, 5008, subd. (h)(1).) Here, the Public Conservator of San Diego County (Public Conservator)…