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Appellant Jesse G. appeals from the trial court’s orders appointing the Mendocino County Public Guardian (public guardian) conservator of his person and estate pursuant to section 5350 of the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000, et seq.),1 and imposing certain special disabilities. On appeal, he contends substantial evidence did not support either the court’s finding that he was gravely disabled (§§ 5008, subd. (h)(1)(A); 5350), or its imposition of the special disability denying him the right to refuse treatment related to his grave disability (§ 5357, subd. (d)). Because we conclude substantial evidence did not support the court’s finding that appellant was gravely disabled, we shall reverse the order appointing a conservator.


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David R. Duringer, JD, LL.M, is a concealed firearm instructor and tax lawyer specializing in business and estate planning; licensed to practice law in the states of California and Washington. He is managing shareholder at Protective Law Corporation, serving Southern California from its Laguna Hills (Orange County) headquarters and satellite offices in San Diego County (Coronado and Carlsbad).

© Protective Law Corporation as per date of publication captioned above. All rights reserved unless otherwise noted. Sharing encouraged with attribution and/or link to this page.



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