Pub. Guardian of the Cnty. of San Luis Obispo v. S.A. (In re S.A.)

Good Law
235 Cal. Rptr. 3d 744·25 Cal. App. 5th 438
Court of Appeal of CaliforniaJuly 19, 20182d Civil No. B284312California3,445 words

Opinion

lead Opinion

Tangeman, J.

*746 *441 S.A. appeals an order granting the petition of the Public Guardian of the County of San Luis Obispo (Public Guardian) for reappointment as the conservator of her person. A jury found beyond a reasonable doubt that she continues to be gravely disabled as a result of a mental disorder. ( Welf. & Inst. Code, 1 § 5000 et seq.; Lanterman-Petris-Short Act (LPS Act).)

S.A. contends her constitutional and statutory rights were violated when Public Guardian subpoenaed records of her care and treatment, signed an authorization for their release on her behalf, and then used the records against her at trial. We affirm.

FACTUAL AND PROCEDURAL HISTORY

S.A. suffers from schizoaffective disorder. She has not lived independently for more than 20 years. She has had many commitments to the County Psychiatric Health Facility (the PHF) and several LPS conservatorships.

In the summer of 2016, the trial court reappointed Public Guardian for a one-year period as S.A.'s conservator. We affirmed the order. ( Conservatorship of S.A. (July 19, 2017, B276247) [nonpub. opn.].)

As that conservatorship period expired, Public Guardian petitioned to be reappointed again. S.A. contested the petition…

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