T.B.

T.B. v. O.B. (In re O.B.)

Good Law
244 Cal. Rptr. 3d 192·32 Cal. App. 5th 626
Court of Appeal of CaliforniaFebruary 26, 20192d Civil No. B290805California4,003 words

Opinion

Lead Opinion

Yegan, J.

*627 O.B. is a person with autism spectrum disorder (autism ). 1 She appeals from an order establishing a limited conservatorship of her person and appointing respondents T.B., her mother (mother), and C.B., her elder *628 sister, as conservators. Appellant's principal contentions are (1) the probate court acted in excess of its jurisdiction by modifying her special education plan, and (2) the evidence is insufficient to support the probate court's findings.

A person with autism is not automatically a candidate for a limited conservatorship. Each case requires a fact-specific inquiry by the probate court. "Autism is known as a 'spectrum' disorder because there is wide variation in the type and severity of symptoms people experience." (https://www.nimh.nih.gov/health/topics/autism-spectrum-disorders-asd/index.shtml.) Based on the facts here, we affirm the order establishing a limited conservatorship of appellant's person.

Factual and Procedural Background

The limited conservatorship was imposed after a contested evidentiary hearing (also referred to herein as "trial"). Our summary of the facts is based on evidence presented at the trial in the form of testimony and exhibits. We…

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