Freitas
Freitas v. Loberg
Opinion
Lead Opinion
Fretz, J.
The respondent, the Public Guardian of San Luis Obispo County, filed 13 petitions in the superior court to have appellant, the Director of Developmental Services (hereafter the director), appointed as successor conservator or guardian for 12 San Luis Obispo County residents who had previously been under conservatorship or guardianship of the respondent and, in the 13th case, for a resident not previously under conservatorship or guardianship. The director appeared and objected to the petitions. Hearings were conducted. There was no nomination in any of the 13 matters other than that said to have been contained in the petitions themselves. The director did not promptly “accept or reject such nomination in writing.” The director did not petition for his appointment to act as conservator or guardian of any of the alleged developmentally disabled persons. Evaluations of the patients were not before the court. The court granted each petition. Appellant filed a timely notice of appeal from each order. The 13 cases were consolidated on appeal. We reverse.
The main issue presented is whether the Health and Safety Code or any other law authorizes anyone other than the director to…