Conservatorship and Estate of T.J. CA2/6

DISCUSSION

Prima facie showing T.J. contends the trial court erred when it determined that he failed to make a prima facie showing that he is no longer gravely disabled. We disagree. Under the LPS Act, a conservatee may petition for rehearing as to their status as a conservatee. (Welf. & Inst.

3 Code, § 5364.) During the hearing on that petition, the conservatee bears the burden of proving, by a preponderance of the evidence, that they are no longer gravely disabled. (Conservatorship of Ben C. (2007) 40 Cal.4th 529, 541; see also Conservatorship of Everette M. (1990) 219 Cal.App.3d 1567, 1573 (Everette M.) [at rehearing, conservatee must show that their “‘situation has changed so that [they are] no longer gravely disabled’”].) A conservatee is “gravely disabled” if they are unable to provide for their basic needs of food, clothing, and housing due to a mental disorder. (§ 5008, subd. (h)(1)(A).) 1. Standard of review The resolution of this case hinges on the standard of review. T.J. argues we should apply the standard of review for a judgment following a motion for nonsuit, while the Public Guardian argues the substantial evidence standard controls. The Public Guardian is…