Frank

Once again, we confront a familiar and moral/legal dilemma that the Legislature has attempted to resolve: when should the state intervene to care for the nondangerous mentally ill? This dilemma pits our belief in individual liberties against our desire to protect the helpless, incapacitated individual in need of immediate assistance.

Here, a jury found defendant, 62-year-old Carol K., gravely disabled beyond a reasonable doubt. The court appointed the public guardian to act as Carol’s conservator under the Lanterman-Petris-Short Act (LPS Act; Welf. & Inst. Code, § 5000 et seq.). 1 The court ordered Carol placed in a locked skilled nursing facility as the least restrictive placement. Carol appeals, challenging the sufficiency of the evidence to support a finding that she is gravely disabled and cannot obtain food, clothing, or shelter. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In November of 2007 the public guardian filed a petition for appointment of conservator of person and estate and for appointment of temporary conservator for Carol. The petition stated Carol was gravely disabled as a result of a mental disorder and was unwilling to accept…