Conservatorship of Person of A.G. CA6

Filed 7/11/14 Conservatorship of Person of A.G. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Person of A.G. H037966 (Santa Clara County Super. Ct. No. MH035405)

DONALD MOODY, as Public Guardian etc.,

Petitioner and Respondent,

v.

A.G.,

Objector and Appellant.

Conservatee A.G. challenges the trial court’s reappointment of the Santa Clara County Public Guardian (public guardian) as conservator of his person and estate under the Lanterman-Petris-Short (LPS) Act (LPS Act). (Welf. & Inst. Code, § 5350 et seq.)1 For the reasons stated here, we will dismiss the appeal as moot. I. FACTUAL AND PROCEDURAL BACKGROUND Conservatee was charged in 2003 with several Penal Code violations due to an incident in which he allegedly brandished a knife, threatened a neighbor with it, fled in his mother’s car, and resisted arrest. The court suspended the criminal proceedings and

1 Unspecified statutory references are to the Welfare and Institutions Code.

committed conservatee to Napa State Hospital pursuant to Penal Code section 1370. After three years there, hospital staff determined he could not be restored to competence and returned him to the Santa Clara County Jail’s mental health unit. In conjunction with conservatee’s return to jail, the public guardian petitioned for appointment of an LPS conservator. In support of the petition, the public guardian submitted a report by a physician who examined conservatee, diagnosed him with chronic schizophrenia, and recommended conservatorship. The report detailed the following symptoms and behavior: paranoid delusions, psychosis, auditory hallucinations, failure to cooperate with staff, threats to kill staff, and poor self-control. The report concluded that conservatee would be unable to provide for food, clothing, or shelter if released and therefore recommended finding conservatee gravely disabled within the meaning of section 5008, subdivision (h)(1). After a hearing, the court found conservatee was gravely disabled, appointed the public guardian as LPS conservator, and committed conservatee to a mental health facility. Conservatee has remained in locked mental health facilities since 2006 and the public guardian has filed annual petitions for reappointment under section 5361. The petitions proceeded with little opposition from conservatee until April 2011. In preparation for the required evidentiary hearing, the public guardian arranged for John Chamberlain, M.D. to evaluate conservatee at conservatee’s mental health facility in Santa Cruz. Conservatee refused to meet with Dr. Chamberlain on two occasions. The public guardian did not seek a court order to compel conservatee to submit to an examination. After conservatee’s refusal to meet with the public guardian’s expert, at a November 2011 hearing the public guardian argued conservatee should not be afforded an evidentiary hearing because he refused to submit to a psychiatric evaluation. The court indicated it was inclined to forego an evidentiary hearing and rule based on the