Conservatorship of Bryan B. CA1/3

Filed 3/14/23 Conservatorship of Bryan B. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

Conservatorship of the Person of BRYAN B. PUBLIC GUARDIAN OF CONTRA A166229 COSTA COUNTY, Petitioner and Respondent, (Contra Costa County Super. Ct. No. P2000426) v. BRYAN B., Objector and Appellant.

In August 2022, the trial court reappointed a conservator for Bryan B. under the Lanterman-Petris-Short Act (LPS Act; Welf. & Inst. Code, § 5000 et seq.; all statutory references are to this code) and removed his right to make medical decisions regarding his grave disability, including his right to refuse prescribed psychotropic medication. Bryan appeals, contending insufficient evidence supports the order depriving him of his right to refuse such medication. We affirm. BACKGROUND In July 2020, the trial court found Bryan gravely disabled, appointed the Public Guardian of Contra Costa County (Public Guardian) as conservator of Bryan’s person, and empowered the Public Guardian to place

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him in a locked facility and make medical decisions on his behalf relating to his grave disability. Thereafter — most recently in June 2022 — the Public Guardian petitioned to be reappointed as conservator and requested the court limit Bryan’s right to refuse or consent to medical treatment, including psychotropic medication. Bryan opposed the petition. At an August 2022 bench trial, the court admitted several exhibits, including Bryan’s medical records. His conservator, psychologist Melinda Shrock, testified as an expert in evaluating grave disability. She diagnosed Bryan with schizophrenia and a mood disorder, the symptoms of which prevent him from being able to provide for his food, clothing, or shelter. He is currently housed in a locked medical facility where he is administered several psychiatric medications. Bryan has aggressive outbursts and experiences delusions; he also has difficulty with basic conversation — more than once, he couldn’t remember what Shrock said, which she attributed to “an interruption of his thought process” or a “preoccupation with voices.” Shrock opined Bryan is gravely disabled because of his schizophrenia and mood disorder. He lacks an understanding of his mental illness — he “does not believe he’s mentally ill.” He also lacks insight into his need for psychiatric medication — he “does not believe he needs” medication, and he has expressed a desire to discontinue taking it. Bryan requires supervision to ensure he takes his medication — on one occasion he threatened violence against anyone who tried to inject him with antipsychotic medicine. At the conclusion of trial, the trial court found beyond a reasonable doubt that Bryan remained gravely disabled as a result of a mental disorder. It reappointed the Public Guardian as conservator of Bryan’s person for a one-year period and, as relevant here, precluded him from refusing treatment regarding his grave disability, including psychotropic medication.