Conservatorship of the Person of J.M. CA6

Filed 2/28/25 Conservatorship of the Person of J.M. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

Conservatorship of the Person of J.M. H051497 (Santa Clara County Super. Ct. No. 1-23-MH-050528)

MARY ANN WARREN, as Public Guardian, etc.,

Petitioner and Respondent,

v.

J.M.,

Objector and Appellant.

After finding appellant J.M. to be gravely disabled under the Lanterman-Petris- Short Act (Welf. & Inst. Code, § 5000 et seq.; unspecified statutory references are to this code), the trial court appointed the Santa Clara County Public Guardian as conservator in a one-year conservatorship that expired by operation of law in August 2024. (§ 5361.) J.M. contends insufficient evidence supported the trial court’s imposition of special disabilities removing his right to enter into contracts and right to consent to or refuse routine medical treatment during the conservatorship. We will dismiss this appeal as moot because the conservatorship has expired and we find no exception to mootness applies.

I. FACTS AND PROCEDURAL BACKGROUND

The following factual summary is derived from the conservatorship petition, supporting documents and hearing testimony. J.M. is 55 years old. He has never been married and has no children. His parents and siblings are deceased. He owns no significant financial assets. J.M. has been diagnosed with severe schizophrenia; his symptoms include delusions, hallucinations, grandiosity, paranoia, poor impulse control, poor insight, disorganized thought process and assaultive behavior. At a Riese1 competency hearing, J.M.’s treating psychiatrist testified that J.M. believes he owns a successful pest-control business and “five million homes” in Gilroy, where he purports to live with his wife and twin daughters and plans to build a guest house for his parents. He maintains he has been kidnapped, “set up” and confined in a retirement home (actually a psychiatric facility) by two men who stole his driver’s license and his substantial retirement savings. He has also claimed to be Jesus and that he has been kept against his will because his doctor does not believe in Jesus. J.M. denies suffering from any mental illness, refuses to take prescribed anti- psychotic medication, and becomes angry and physically aggressive when doctors attempt to discuss his mental illness with him. The treating psychiatrist opined that J.M.’s delusions prevent him from rationally participating in treatment decisions. This conservatorship originated from J.M.’s arrest on charges of stalking (Pen. Code, § 646.9, subd. (a)). J.M. was alleged to have violated a civil harassment order by following the protected person and repeatedly showing up at her home, looking inside the windows, attempting to open the front door, and threatening to kill her when she told him to stay away. J.M. was found not competent to stand trial (Pen. Code § 1370) and was committed to Atascadero State Hospital for competency restoration. After competency was deemed unrestorable, J.M. was transferred to Santa Clara County Main Jail, where