San Diego County Health & Human Services Agency v. Christopher A.

Good Law
139 Cal. App. 4th 604·2006 Cal. App. LEXIS 726·2006 Daily Journal DAR 5974·43 Cal. Rptr. 3d 427·2006 Cal. Daily Op. Serv. 4057
Court of Appeal of CaliforniaMay 2, 2006No. D047022California2,655 words

Opinion

lead Opinion

McDonald, J.

*608 Opinion

Christopher A. appeals a judgment establishing a conservatorship for him under the Lanterman-Petris-Short Act (LPS) (Welf. & Inst. Code, § 5000 et seq.). 1 A jury found Christopher unable, as a result of a mental disorder, to provide for his basic needs for food, clothing or shelter. Accordingly, the court established a conservatorship for Christopher; appointed the public conservator as conservator of his person; imposed disabilities under Welfare and Institutions Code section 5357 2 ; determined the least restrictive level of placement necessary to achieve the purpose of treatment under section 5358, subdivision (a)(1)(A); and granted powers to the conservator under section 5358, subdivision (b). The court adopted the proposed judgment submitted by the Public Conservator of the County of San Diego (County) and agreed to by Christopher’s trial counsel (Short).

Christopher contends his attorney did not have authority to agree to the judgment to the extent it included placement, disabilities, and conservator powers without the court obtaining his on-the-record consent. 3 Because of the significant liberty interests at risk by imposing LPS conservatorships, we…

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