Conservatorship of Jacob D. CA1/5

Filed 1/25/23 Conservatorship of Jacob D. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

Conservatorship of the Person of JACOB D.

CONTRA COSTA COUNTY PUBLIC GUARDIAN, as Conservator, etc., A163694 Petitioner and Respondent, v. (Contra Costa County JACOB D., Super. Ct. No. MSP21-00711)

Objector and Appellant.

Jacob D. appeals from a September 14, 2021 order of conservatorship appointing the Contra Costa County Public Guardian as conservator of his person under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.) for a one-year period. Jacob argues substantial evidence did not support the trial court’s finding that he was gravely disabled. The order expired on September 14, 2022, before briefing was complete in the appeal. Jacob acknowledges that his claim is now moot but asks us to consider his appeal notwithstanding its mootness. We decline to do so and dismiss the appeal as moot.

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BACKGROUND Under the Lanterman-Petris-Short Act, “[a] conservator of the person . . . may be appointed for a person who is gravely disabled as a result of a mental health disorder . . . .” (§ 5350.) A person is “ ‘gravely disabled’ ” if the “person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for food, clothing, or shelter.” (§ 5008, subd. (h)(1)(A).) On May 13, 2021, the public guardian petitioned to be appointed Jacob’s conservator under section 5350. The petition was supported by a declaration from a psychiatrist at San Jose Behavioral Health Hospital, where Jacob had been admitted. The psychiatrist’s declaration stated that Jacob presented as delusional, anxious, and paranoid. Prior to being admitted to San Jose Behavioral Health Hospital, Jacob reportedly refused to eat, drink, bathe, or brush his teeth. He lost weight and complained of mouth pain, but he refused medical treatment. While at the facility, he refused to change clothes or shower. Jacob did not believe he needed treatment for mental illness and believed his mother made up lies about him to have him admitted to the hospital. Jacob contested the petition and agreed to a bench trial. At trial, the public guardian presented testimony from Jacob’s mother; his stepfather; and an expert clinical psychologist who interviewed Jacob, reviewed his medical records, and spoke with Jacob’s mother and social worker. Jacob’s mother and stepfather testified that Jacob was living independently in a dirty apartment and that he would not bathe or shower, was not eating enough, and lost weight. Jacob was evicted from his apartment after he accidently started a fire in the microwave. The public guardian’s expert witness diagnosed Jacob with schizophrenia. She opined that Jacob was gravely