Conservatorship of Penny W.

Filed 8/15/06 Conservatorship of Penny W. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Gary S. Austin, 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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Appellant Penny W. appeals from the order of the trial court reappointing the Fresno County Conservator as conservator of her person under the Lanterman-Petris-Short Act (LPS Act). (Welf. & Inst. Code,^[1] § 5000 et seq.) The order was made after a jury trial on the issue of whether appellant suffers from a grave disability as a result of a mental illness. Appellant contends there is no substantial evidence to support the finding of grave disability. Appellant also contends the trial court failed to properly instruct the jury that it must find a danger of violent behavior due to a serious difficulty controlling behavior pursuant to In re Howard N. (2005) 35 Cal.4th 117 (Howard N.). We reject these contentions and affirm the trial court's order.

FACTUAL HISTORY

Psychologist Adrian Della Porta, Ph.D. testified that he has been a licensed psychologist since 1998. Dr. Della Porta has worked as a psychologist for a school district, the prison system, and the Tulare County Mental Health Department. He worked in the Fresno County jail prior to transferring to the conservatorship team in 2004. Dr. Della Porta has reviewed over 300 conservatorship cases. In 35 percent of the cases Dr. Della Porta reviews, he finds the person is not gravely disabled.

Dr. Della Porta has performed psychiatric evaluations of appellant. The most recent evaluation on December 5, 2005, consisted of a mental status examination, a clinical interview, and questions concerning appellant's ability to live independently and pertaining to whether she has a grave disability. Dr. Della Porta reviewed five volumes of appellant's behavioral health records dating from 1990 to the present.

Dr. Della Porta explained appellant suffers from a chronic, paranoid form of schizophrenia. Appellant's mental disorder is characterized by delusions, or false beliefs, auditory hallucinations, and an inability to speak in a rational, coherent manner. Appellant's illness interferes with her day-to-day functioning, making it difficult for her to obtain housing or to maintain social relationships.

Dr. Della Porta explained that appellant's paranoia and grandiosity are so extreme that she feels she has a large sum of money to live in a house and she owns many acres of land. When faced with the possibility of going somewhere to live on her own, appellant does not have a realistic plan. Appellant became so agitated, Dr. Della Porta had to conclude his interview. Appellant responds to her auditory hallucinations so loudly that she frequently needs to be redirected and would pose a problem out in the community.

Appellant's delusions include her belief she owns a Laundromat and that she has been abducted from several Laundromats. Appellant's paranoia includes her belief that people from Libya and Africa have taken her money. Among appellant's grandiose delusions is her belief she is Penny the Wonder Girl who has made over two hundred thousand dollars. Appellant thinks she owns an estate worth over one million dollars and 969 acres in west Fresno. Appellant believes her father is King Tut and her stepfathers own raisin operations and Sunkist oranges. Appellant insists she made over five hundred million dollars from a record label.

Appellant told Dr. Della Porta she was a sergeant in the Army at age 16 and then retired at age 16 as a private medical assistant. Appellant told Dr. Della Porta she was a centerfold in Penthouse magazine and earned a lot of money.^[2] Appellant also stated she made 1,000 videos and songs. When Dr. Della Porta asked appellant to be more specific about her delusions, appellant became more agitated and tried to change the subject.

Appellant was doing poorly in group therapy sessions. Medication helps appellant, but without attending group therapy sessions, it is more difficult for appellant's condition to improve. Dr. Della Porta explained that medication alone is insufficient to make a patient better. Appellant needs to follow her entire treatment plan which includes awareness of her medical problems and the ability to follow the goals of the plan.

Based on past conversations with appellant, Dr. Della Porta explained if appellant was released she would not take her medications because she does not believe that she has a mental illness. Appellant told Dr. Della Porta he would only take her medication when she felt it was necessary to do so. Dr. Della Porta believes appellant has poor insight into her mental illness and the need to treat it. Dr. Della Porta concluded that appellant cannot provide for her basic needs of providing herself food, clothing, and shelter.

On cross-examination, Dr. Della Porta acknowledged there is no evidence appellant in the past was ever malnourished, overexposed from lack of shelter, or unable to clothe herself. Appellant does receive income from Social Security (SSI).

Appellant testified she has been a fully retired entertainer since 1991 with income from her European label, Penny Lovers. Appellant sings, dances, and reads. Money from the label goes into the Bank of California and Bank of America. Appellant explained that she grosses $2,388 a month in retirement disability and SSI plus money from the Penny Lovers label.

Appellant explained:

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