Conservatorship of Z.A. CA1/2

Filed 6/20/23 Conservatorship of Z.A. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 of Z.A.

CONTRA COSTA COUNTY PUBLIC GUARDIAN, Plaintiff and Respondent, A166483 v. Z.A., (Contra Costa County Super. Ct. No. MSP21–00548 Objector and Appellant.

Appellant Z.A. appeals from a trial court order reappointing the Contra Costa County Public Guardian as conservator of his person under the Lanterman–Petris–Short Act (Welf. & Inst. Code, § 5350 et seq.; LPS Act). This appeal is authorized by Probate Code section 1301. Appointed counsel has filed a brief setting out the applicable facts and law and asking this court to conduct a review of the record pursuant to Conservatorship of Ben C. (2007) 40 Cal.4th 529 (Ben C.). Counsel has also informed appellant that he may file a supplemental brief and that if no supplemental brief is filed, this court might dismiss the appeal as abandoned. Appellant has not filed a supplemental brief.

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FACTS AND PROCEDURAL HISTORY On April 18, 2022, the Director of the Contra Costa County Health Services Department (Public Guardian) filed a petition for reappointment as conservator over appellant. The petition alleged appellant was declared gravely disabled on June 15, 2021, and the conservatorship would terminate on June 14, 2022, absent reappointment.1 It was alleged that, as a result of a mental disorder, appellant was unable to provide for his basic personal needs for food, clothing, and shelter and he continued to be gravely disabled. The Public Guardian sought imposition of special disabilities that appellant (1) not have the right to refuse psychotropic medications (Welf. & Inst. Code,2 § 5357, subd. (d)) and (2) be disqualified from possessing firearms or any other deadly weapon (id., subd. (f)). At a hearing on May 13, 2022, appellant objected to reappointment of a conservator and requested a jury trial. (See § 5350, subd. (d)(1) [“The person for whom conservatorship is sought shall have the right to demand a court or jury trial on the issue of whether the person is gravely disabled”].) Appellant was represented by the Public Defender’s Office. A trial on the question whether appellant was gravely disabled began on October 24, 2022, with selection of the jury. Over the next two days, the Public Guardian called three witnesses: Deputy Conservator Candelario Castillo, Dr. Michael Levin, who testified as an expert in psychiatry and evaluating for grave disability, and appellant’s sister.