Conservatorship of M.C. CA2/6

California Court of Appeal Aug 22, 2024 No. B330445Unpublished

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Holding. The court affirmed the trial court's denial of the appellant's petitions to remove the Public Guardian as conservator and appoint himself as successor, finding that substantial evidence supported the trial court's orders and that the appellant failed to provide an adequate record for review.

Issues

Did the trial court err in denying the petitions to remove the Public Guardian as conservator and appoint the appellant as successor?
Does the record contain substantial evidence to support the trial court's orders maintaining the Public Guardian as conservator?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Substantial evidence supports the trial court’s orders.”

“It is appellant’s burden to show error. That includes providing an adequate record from which the claimed error may be demonstrated. The failure to present such a record supports affirmance of the trial court’s order.”

Filed 8/22/24 Conservatorship of M.C. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

Conservatorship of the Person 2d Civil No. B330445 of M.C. (Super. Ct. No. 56-2021- 00560735-PR-CP-OXN) (Ventura County)

HSINHWEI JOSEPH CHOU,

Petitioner and Appellant,

PUBLIC GUARDIAN OF VENTURA COUNTY, as Conservator, etc.

Objector and Respondent.

Appellant Hsinhwei Joseph Chou appeals from an order denying his petitions to remove the Ventura County Public

Guardian (Public Guardian) as conservator of his mother, M.C., and instead appoint him successor conservator.1 We affirm.2 FACTS AND PROCEDURAL HISTORY Appellant is one of M.C.’s five children. M.C. was diagnosed with a major neurocognitive disorder as defined in Probate Code section 2356.5, subdivision (a)(1). In December 2021, appellant petitioned for appointment of conservator of M.C. (person only), and the trial court appointed him temporary conservator with expiration in April 2022. The Ventura County court investigator later filed a report with the court. The report contained details of the investigator’s interviews and recommendations to the court. In May 2022, the trial court appointed the Ventura County Public Guardian as the permanent conservator of M.C. (person only). The court subsequently appointed the Public Guardian as conservator of M.C.’s estate. In May 2023, appellant petitioned to remove the Public Guardian as conservator of M.C. (person only) and to appoint him as successor conservator. Appellant alleged that M.C. was a 93-year-old woman with “minor dementia” and that the court appointed the Public Guardian as conservator “due to family tragedy” and because “her relatives abandon[ed] her.” He also

Conservatorship of M.C. CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

HSINHWEI JOSEPH CHOU,

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