Southard

Southard v. George H.

Good Law
169 Cal. App. 4th 157
Court of Appeal of CaliforniaDecember 16, 2008No. B204411California3,081 words

Opinion

lead Opinion

Armstrong, J.

George H. appeals from an order appointing a conservator of his person and estate under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.). We affirm.

Background

The Lanterman-Petris-Short Act (LPS or the Act), Welfare and Institutions Code 1 section 5000 et seq., governs involuntary treatment of the mentally ill in California. Under the Act, “A conservator of the person, of the estate, or of the person and the estate may be appointed for any person who is gravely *160 disabled as a result of mental disorder . . . .” (§ 5350.) “Gravely disabled” is defined. It means, “A condition in which a person, as a result of a mental disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter ...”(§ 5008, subd. (h)) with the additional proviso that “a person is not ‘gravely disabled’ if that person can survive safely without involuntary detention with the help of responsible family, friends, or others who are both willing and able to help provide for the person’s basic personal needs for food, clothing, or shelter” (§ 5350, subd. (e)(1)).

This conservatorship was established after La Casa Mental Health Rehabilitation Center…

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