Conservatorship of Johnston CA1/2

Filed 5/9/13 Conservatorship of Johnston CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

Conservatorship of the Person and Estate of WARDELL D. JOHNSTON, JR.

KENNETH SEASTROM, Petitioner and Appellant, v. A133734 KIM SCHWARCZ, (Marin County Objector and Respondent. Super. Ct. No. PR074020)

Kenneth Seastrom, the Conservator of the Person for Wardell D. Johnston, Jr., appeals from an order granting the Petition for Order to Sell Residence of Conservatee filed by Johnston’s Conservator of the Estate, Kim Schwarcz. Appellant contends the trial court erred, and violated his due process rights, in granting respondent’s petition and authorizing sale of Johnston’s home without an evidentiary hearing. He additionally seeks remand on the ground that proper notice was not given to Johnston. We agree with respondent’s contention that appellant lacks standing to bring this appeal and, therefore, affirm. STATEMENT OF THE CASE AND FACTS Wardell Johnston, Jr., is an elderly man suffering from dementia and other medical conditions, presently living at the Silverado Senior Living facility in Belmont.

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Appellant, Kenneth Seastrom, a long-time friend of Johnston’s, was appointed Conservator of the Person for Johnston in October 2007. Johnston’s court-appointed attorney opposed appellant being appointed conservator of the estate, believing a fiduciary should serve in that role. Shortly thereafter, respondent, Kim Schwarcz, a professional fiduciary, was appointed Conservator of the Estate. In August 2008, respondent sought an order to sell Johnston’s house. Johnston had been living in care facilities since 2007, and respondent informed the court that his house was in “bad shape,” she had received bids for repairs in the amount of $250,000, and it was going to be difficult to maintain insurance on the property. Photographs of the house reflect the extent of Johnston’s hoarding behavior. The court denied the petition without prejudice, finding that financial need for sale had not been justified and the conservatee had to be asked directly about the proposed sale. Respondent proceeded with repairs and renovations of the property. On November 19, 2010, respondent filed a petition seeking instruction whether to lease the property or have it remain vacant in case Johnston was able to return to live there. Respondent stated that Johnston had been living at the Silverado Senior Living facility in Belmont since May 2008. He was 89 years old, suffered from dementia and multiple medical conditions requiring daily medication and supervision, was happy and well cared for at the facility, and enjoyed social activities there; respondent had been advised by Johnston’s attorney and physician that in their opinion it would not be in Johnston’s best interest to return to his home, and this view was shared by the court’s investigator. Appellant filed objections to the petition. His declaration stated that it had always been his goal to get Johnston’s home cleaned and repaired so that Johnston could return to live there, and that Johnston had consistently expressed his desire to move back home. Appellant described efforts he made to this end, and ways that respondent was attempting to make this option unavailable. Appellant provided reports and communications from several of Johnston’s physicians opining that it would be safe for Johnston to live at