Conservatorship of L.P. CA1/2

Good Law
Court of Appeal of CaliforniaJuly 13, 2022A163630California1,056 words

Opinion

Opinion

BACKGROUND

In 2017, the public guardian was appointed conservator for L.P. The public guardian was reappointed conservator in 2018 and 2019. On December 1, 2020, the public guardian filed a petition for reappointment as conservator.

1 After several continuances, a court trial on the petition was held on August 24 and 30, 2021, with testimony from L.P.’s conservator and Dr. Michael Levin, a psychiatrist with Contra Costa County. At the conclusion of the trial, the trial court issued an order reappointing the public guardian as conservator. On September 27, L.P. filed a notice of appeal of the August 30 conservatorship order. On appeal, L.P. argues that certain statements in her medical records, relied upon by Dr. Levin in reaching his opinions, were “case-specific” hearsay not subject to any hearsay exception and should not have been admitted into evidence under People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). On December 9—while this appeal was pending—the public guardian again petitioned for reappointment as conservator, indicating that the conservatorship would otherwise terminate on January 8, 2022. According to a declaration from counsel for the public guardian, a…

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