Conservatorship of Murphy

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Opinion

EVANS, J.

In early September 1981, respondent, in his capacity as Public Guardian for Siskiyou County, petitioned the superior court for reappointment as conservator of the person and estate of William Wilford Murphy pursuant to Welfare and Institutions Code section 5361,

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asserting the conservatee (Murphy) was still gravely disabled, suffering from alcoholism. The court granted the petition. The petition was contested; a hearing was held October 28, resulting in the reappointment. The conservatee, Murphy, appeals contending the evidence was insufficient to support the court’s finding he was presently gravely disabled.

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Only two expert witnesses testified at the hearing. Dr. Edgar Brichta testified that Murphy, who was residing in a care facility, had become intoxicated on at least three occasions in the last four years. However, he could not say “unequivocally” that Murphy still needed a conservator. On the date of his testimony, Dr. Brichta opined that Murphy was “competent to manage his affairs.” However, it was Dr. Brichta’s belief that if Murphy were permitted to manage his own affairs he would once again indulge in alcohol, hence becoming “greatly disabled and a threat to himself if not to others.”

Dr. Sandra Dixon, the second expert, was asked, “[D]id you find that he [Murphy], in his present state, is unable to manage his own affairs, provide for food, clothing, and shelter.” She replied, “No,” then opined that if Murphy were to return to consuming alcohol he would “in all likelihood . .. again become greatly disabled.”

In reaffirming its appointment the court stated, “Well, the problem, of course, is that the present condition of Mr. Murphy is such, as he sits here today, that he does not appear to be grievely [sic] disabled, howev

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