Conservatorship of the Person of E.M. CA4/3

Filed 1/12/16 Conservatorship of the Person of E.M. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

Conservatorship of the Person of E.M.

M.M., G051138 Petitioner and Appellant, (Super. Ct. No. 30-2011-00488602) v. OPINION KEVIN G. SMITH, as Public Guardian, etc.,

Objector and Respondent.

Appeal from an order of the Superior Court of Orange County, Jamoa A. Moberly, Judge. Affirmed. M.M., in pro. per., for Petitioner and Appellant. Nicholas S. Chrisos, County Counsel, and Robert N. Ervais, Deputy County Counsel, for Objector and Respondent.

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I. Introduction 1 In September 2012, the Orange County Public Guardian (Respondent) was appointed conservator of the person of E.M., a developmentally disabled adult, pursuant 2 to Probate Code section 1801, subdivision (d). E.M.’s mother, M.M. (Mother), appeals from an order made in November 2014, limiting her to monitored visits with E.M. We affirm the order. The trial court had the authority to permit monitored visits and Mother has not presented a record affirmatively proving error. In a companion case (appeal No. G050405), Mother appeals from an order denying her petition to remove the conservator or, in the alternative, to terminate the conservatorship. That appeal is covered in a separate opinion. II. Facts and Procedural History A. The Conservatorship Petition E.M. is the daughter of Mother and her ex-husband, B.M. (Father). E.M. has been diagnosed with autism, attention deficit disorder, mental retardation, obsessive-compulsive disorder, psychosis, depressive disorder, and anxiety disorder. In April 2012, court-appointed counsel for E.M. filed a petition under Probate Code

1 In September 2012, the public guardian was Lucille Lyon. Appearing as Respondent is Kevin G. Smith, who was appointed interim public guardian in March 2014. 2 Probate Code section 1801, subdivision (d) states: “A limited conservator of the person or of the estate, or both, may be appointed for a developmentally disabled adult. A limited conservatorship may be utilized only as necessary to promote and protect the well-being of the individual, shall be designed to encourage the development of maximum self-reliance and independence of the individual, and shall be ordered only to the extent necessitated by the individual’s proven mental and adaptive limitations. The conservatee of the limited conservator shall not be presumed to be incompetent and shall retain all legal and civil rights except those which by court order have been designated as legal disabilities and have been specifically granted to the limited conservator. The intent of the Legislature, as expressed in Section 4501 of the Welfare and Institutions Code, that developmentally disabled citizens of this state receive services resulting in more independent, productive, and normal lives is the underlying mandate of this division in its application to adults alleged to be developmentally disabled.”