Conservatorship of Jesse G.
248 Cal. App. 4th 453
Court of Appeal of California, First Appellate District, Division Two
June 23, 2016, Opinion Filed
A145749
Overview
HOLDINGS: [1]-The evidence did not support a conservatorship order under the Lanterman-Petris-Short Act, Welf. & Inst. Code, § 5000 et seq., for a person who had auditory hallucinations and other mental conditions because the person was not gravely disabled as defined in Welf. & Inst. Code, § 5008, subd. (h)(1)(A), as shown by testimony from a responsible friend who was both willing and able to help with providing basic needs of food, clothing, and shelter to enable the person to live safely as contemplated by Welf. & Inst. Code, § 5350, subd. (e)(1), and by the person's willingness to participate in treatment; [2]-The potential benefit from services provided under a conservatorship order did not justify the deprivation of liberty, in light of the protections afforded by Welf. & Inst. Code, §§ 5325.1, 5331, and the lack of any evidence of poor health or neglect.
Outcome
Order reversed.
248 Cal. App. 4th 453
Court of Appeal of California, First Appellate District, Division Two
June 23, 2016, Opinion Filed
A145749
Overview
HOLDINGS: [1]-The evidence did not support a conservatorship order under the Lanterman-Petris-Short Act, Welf. & Inst. Code, § 5000 et seq., for a person who had auditory hallucinations and other mental conditions because the person was not gravely disabled as defined in Welf. & Inst. Code, § 5008, subd. (h)(1)(A), as shown by testimony from a responsible friend who was both willing and able to help with providing basic needs of food, clothing, and shelter to enable the person to live safely as contemplated by Welf. & Inst. Code, § 5350, subd. (e)(1), and by the person's willingness to participate in treatment; [2]-The potential benefit from services provided under a conservatorship order did not justify the deprivation of liberty, in light of the protections afforded by Welf. & Inst. Code, §§ 5325.1, 5331, and the lack of any evidence of poor health or neglect.
Outcome
Order reversed.