Conservatorship of Dennis P.

Filed 8/2/06 Conservatorship of Dennis P. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Fresno County. R. L. Putnam, Judge.

Paul Bernstein, under appointment by the Court of Appeal, for Objector and Appellant.

Dennis A. Marshall, County Counsel, and Jane T. Smith, Deputy County Counsel, for Petitioner and Respondent.

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A jury found Dennis P. was gravely disabled pursuant to the provisions of Welfare and Institutions Code section 5008, subdivision (h)(1)(A) and (B) (hereafter subdivision (h)(1)(A) and (B))^[1] of the Lanterman-Petris-Short Act (LPS Act) (§ 5000 et seq.). A conservator was appointed, and some of Dennis's rights and privileges were restricted by the trial court.

Dennis argues the order of the trial court must be reversed for a variety of reasons. Many of his arguments are directed at the jury's determination that he was gravely disabled pursuant to subdivision (h)(1)(B), including a constitutional challenge to the definition of gravely disabled found in this subdivision.

We conclude that because there was substantial evidence to support the jury's finding that Dennis was gravely disabled pursuant to subdivision (h)(1)(A), his arguments directed at subdivision (h)(1)(B) are moot. We will, therefore, affirm the trial court's order.

FACTUAL AND PROCEDURAL SUMMARY

The Fresno County local mental health interim director filed a petition seeking reappointment as Dennis's conservator. The petition alleged Dennis was gravely disabled pursuant to the provisions of subdivision (h)(1)(A) and (B). The petition sought various powers if Dennis were found gravely disabled and sought to restrict certain of Dennis's rights and privileges. Dennis requested a jury trial on the issues raised by the petition. The only two witnesses to testify were Adrian Della Porta and Dennis.

Della Porta is a licensed senior psychologist with Fresno County Department of Behavioral Health. He examined Dennis on three recent occasions and had contact with him in the past. He diagnosed Dennis as being afflicted with a chronic paranoid type of schizophrenia. Della Porta defined this disorder as one in which a person typically suffers from delusions and auditory hallucinations. Dennis also suffers from somatic delusions. These symptoms interfere with Dennis's ability to function day to day and his ability to interact with others on a rational basis.

Examples of Dennis's paranoid delusions included the belief that he had five bullets lodged in various parts of his body, someone had cut off his fingers, he had been raped, and that someone had stolen his feet while he was at juvenile hall. Dennis stated the food he received while incarcerated took away his strength. He also believed that a judge wanted to kill him. These delusions, or misperceptions of reality, caused Dennis to assault other people because he apparently believed they were going to cause him harm.

Dennis was taking medications for his mental illness and indicated he would continue taking the medications if released. Della Porta did not believe Dennis would comply with this promise because Dennis had poor insight into his mental illness. Dennis insisted he had an anger control problem and an impulse control disorder. If Dennis stopped taking his medication, Della Porta opined that Dennis would become more paranoid, delusions would increase, and he again would assault others. As a result, Della Porta testified that Dennis continued to present a danger to others if released.

Della Porta also explained that Dennis's illness had worsened while awaiting trial. He based this opinion on Dennis's increased agitation and frequent need for additional medications to control the agitation.

Della Porta opined that Dennis was not able to provide for his basic needs of food, clothing, and shelter as a result of his mental illness. Della Porta explained that Dennis's paranoia would make it difficult for him to work with individuals to do things, such as find an apartment or shop for food or clothing. Because he was paranoid, he would likely perceive someone's actions as a threat and assault that person. Della Porta also explained that it was likely that Dennis, when faced with the stress surrounding these activities, would likely regress.

Dennis testified that he did not like needles, and one of the incidents in prison occurred when guards wanted to give him medication intramuscularly rather than orally. He also described five bullet wounds, with some bullets apparently still in his body. He admitted that while he was in juvenile hall he was raped and then the man who raped him took his feet and gave him the feet of another person.

Dennis also described an incident when he hit another patient at the facility at which he was housed. Dennis was playing a song related to his aunt's funeral. Another patient interrupted the song. Dennis ignored it for awhile, but later he hit the other patient. Dennis admitted he had been involved in fights in the past, but attributed his actions to growing up in a ghetto.

Dennis admitted he had an anger control problem, but denied he was a schizophrenic. Dennis claimed he did not need his medication, although it calmed him down. He promised to take his medication if released.

The jury determined Dennis was gravely disabled pursuant to the statutory definitions in subdivision (h)(1)(A) and (B). The trial court appointed the conservator, authorized the conservator to make various decisions for Dennis, and restricted Dennis's rights as requested in the petition.

DISCUSSION

The LPS Act provides for the appointment of a conservator for individuals who are gravely disabled. (§ 5350.) The term â€