Conservatorship of A.E.

Filed 2/18/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

Conservatorship of the Person 2d Civil No. B297092 of A.E. (Super. Ct. No. 56-2018- 00518054-PR-CP-OXN) (Ventura County)

KRISTINE A.,

Petitioner and Appellant,

v.

VENTURA COUNTY PUBLIC GUARDIAN, as Conservator, etc.,

Objector and Respondent.

A prospective conservatee who suffers from Autism Spectrum Disorder, regardless of the degree of mental impairment, has due process rights. The Legislature has provided protection for a “special needs” person. Presence in court so that the trial judge may see and hear the person is a necessary component of the process. Such a person may fear coming to court and will, generally speaking, fear change. Fear

of a change in the living arrangement is especially true where the person has lived with the same parent for 26 years. Kristine A., mother, appeals the trial court’s order denying her petition to be appointed conservator of her 26-year- old “autistic” daughter, A.E. She also appeals the trial court’s sua sponte order appointing the Ventura County Public Guardian as the permanent limited conservator of A.E.’s person. A.E. did not appear at the hearing on the petition or tell anyone she was waiving her right to be present. We reverse. The trial court failed to make the requisite finding that A.E. did not want to attend the hearing, or could not be produced for the hearing due to medical inability, or that her appearance was likely to cause serious and immediate physiological damage. (Prob. Code, § 1825, subds. (a)(2)-(3) & (b), (c).)1 We need not, and do not, reach other constitutional and statutory issues. Facts and Procedural History A.E. is 26 years old. She suffers from Autism Spectrum Disorder, and has lived with appellant most of her life. A.E. does not like to be touched, is resistant to hygiene and self- care, and has been placed on several psychiatric holds (Welf. & Inst. Code, § 5150) for Psychotic Disorder NOS, anxiety, post- traumatic stress disorder, depression, and intermittent explosive disorder. On September 25, 2018, appellant filed a petition to be appointed conservator of the person so that she could authorize medical treatment. A.E. had a painful tooth abscess but no dentist would treat her without a court order even though A.E. was a Ventura County Tri-County Regional Center (Tri-