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Conservatorship of Joel Patrick

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eBook details

  • Title: Conservatorship of Joel Patrick
  • Author : California Supreme Court
  • Release Date : January 22, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

[35 Cal3d Page 246] The underlying issue in this case concerns the nature of the evidence which a jury properly may consider in determining whether a person is gravely disabled and, therefore, subject to a conservatorship proceeding and possible involuntary confinement under the Lanterman-Petris-Short Act (LPS Act). (Welf. & Inst. Code, § 5000 et seq.; unless otherwise designated, all further statutory references are to that code.) [35 Cal3d Page 247] We will agree with appellant's contention that in determining whether he is gravely disabled a jury is entitled to consider the availability of third party assistance to meet a proposed conservatee's basic needs for food, clothing and shelter. Because we also conclude that the thoughtful opinion of Justice Carr of the Court of Appeal for the Third Appellate District in this case thoroughly discusses and correctly analyzes and resolves that issue -- along with several subsidiary issues -- we adopt substantially all of that opinion as our own. With appropriate deletions and additions,* the Court of Appeal opinion follows:


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