FRANK v. CAROL
Filed 8/5/10
Certified for publication 9/2/10 (order attached)
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE
DISTRICT
(Sacramento)
----
Conservatorship of the Person
and Estate of CAROL K.
C061006
LYNN FRANK, as Public Guardian,
etc.,
Petitioner and Respondent,
v.
CAROL K.,
Objector and Appellant.
(Super.
Ct. No. 07PR00230)
Once again, we
confront a familiar and moral/legal dilemma that the Legislature has attempted
to resolve: when should the state
intervene to care for the nondangerous mentally illâ€
| Description | Once again, we confront a familiar and moral/legal dilemma that the Legislature has attempted to resolve: when should the state intervene to care for the nondangerous mentally ill? This dilemma pits our belief in individual liberties against our desire to protect the helpless, incapacitated individual in need of immediate assistance. Here, a jury found defendant, 62-year-old Carol K., gravely disabled beyond a reasonable doubt. The court appointed the public guardian to act as Carol's conservator under the Lanterman-Petris-Short Act (LPS Act; Welf. & Inst. Code, § 5000 et seq.). The court ordered Carol placed in a locked skilled nursing facility as the least restrictive placement. Carol appeals, challenging the sufficiency of the evidence to support a finding that she is gravely disabled and cannot obtain food, clothing, or shelter. Court shall affirm the judgment. |
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