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In re Conservatorship of the Person of Edward W.6/20/2002
CERTIFIED FOR PUBLICATION
Edward W., Jr., by his guardian ad litem, Connie Steers, appeals from the trial court's denial of his petition for a writ of mandate. Appellant challenges what he views as the Solano County Public Guardian's practice of failing to provide notice to individuals detained in psychiatric treatment facilities before obtaining temporary conservatorships to allow an additional 30 days of treatment. He argues the temporary conservatees have a due process right to notice and an opportunity to be heard before establishment of the conservatorship; prior notice is required by Probate Code section 2250, subdivision (c); the absence of notice violates his right to equal protection; and the trial court erred in concluding it had no authority to grant the requested relief.
STATEMENT OF THE CASE AND FACTS
This action challenges the ex parte appointment of temporary conservatorships for individuals determined to be gravely disabled within the meaning of the Lanterman-Petris-Short Act (LPS) (Welf. & Inst. Code, §§ 5000, et seq.). Under section 5150, a person who, "as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled," may be taken into custody and placed in a designated facility for 72 hours of treatment and evaluation. The person may then be certified for 14 days of intensive treatment if the evaluation determines he or she is "gravely disabled" or a danger to self or others as a result of a mental disorder, and he or she is unable or unwilling to accept voluntary treatment. (§ 5250.) At the conclusion of the 14-day period, the person may be certified for an additional period of up to 30 days of intensive treatment if he or she remains gravely disabled and unable or unwilling to accept treatment voluntarily. (§§ 5270.15, 5270.20, 5270.25, 5270.30.)
Prior to the end of these certification periods, the person in charge of the facility providing treatment may recommend establishment of a conservatorship, if the patient is "gravely disabled as a result of mental disorder" and unwilling to accept or incapable of accepting treatment voluntarily. (§§ 5350, 5352.) A temporary conservator may be appointed for no more than 30 days (§ 5352.1); a permanent conservatorship may be established for up to one year, at the end of which the conservator may petition for reappointment for successive one- year periods. (§ 5361.) When a conservatorship is sought, the proposed conservatee may be held in the facility providing intensive treatment for no more than three days beyond the designated period for intensive treatment "if the additional time period is necessary for a filing of the petition for temporary conservatorship and the establishment of the temporary conservatorship by the court." (§ 5352.3.)
A proposed temporary conservatee is entitled to five days notice of the proceeding, unless the court orders otherwise for good cause. (Prob. Code, § 2250.)
When a petition for conservatorship is filed, the proposed conservatee has a right to demand a court hearing or jury trial on the issue of whether he or she is gravely disabled, to appear at the hearing and to be represented by counsel. (§ 5350.) When a conservator petitions for reestablishment of the conservatorship, the conservatee, as well as his or her attorney, must be notified and has a right to a court hearing or jury trial on the question whether the conservatee remains gravely disabled. (§ 5362.)
On April 25, 2000, appellant was taken into custody and placed in a facility pursuant to section 5150. On April 28, appellant was certified for 14 days of intensive treatment, until May 12, 2000, pursuant to section 5250. On May 1
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