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Conservatorship of the Person and Estate of E.B. v. E.B

January 3, 2012

CONSERVATORSHIP OF THE PERSON AND ESTATE OF E.B. BUTTE COUNTY PUBLIC GUARDIAN, AS CONSERVATOR, ETC., PETITIONER AND RESPONDENT,
v.
E.B., OBJECTOR AND APPELLANT.



(Super. Ct. No. PR39649)

The opinion of the court was delivered by: Nicholson , J.

Conservatorship of E.B.

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant, E.B., appeals from a judgment appointing a Lanterman-Petris-Short (LPS) Act mental health conservator. She also appeals the imposition of special disabilities in the letters of conservatorship; that is, the denial of the privilege of possessing a driver's license, the right to enter contracts, and the right to possess a firearm. She contends there is not substantial evidence supporting the grave disability finding that she cannot provide for her basic needs such as food, clothing, and shelter nor is there evidence supporting the imposition of the special disabilities. We affirm the order reappointing the public guardian as E.B.'s conservator and imposing the special disability denying her right to possess a firearm, but remand the case to the trial court for further proceedings regarding the imposition of special disabilities relating to her right to contract and the privilege of possessing a driver's license.

STATEMENT OF FACTS

Prior to these proceedings, E.B. was placed at a board and care facility in Chico called TLC. She felt her life was in danger there, so two days later she left and went to West Sacramento, where she lived in a motel for approximately eight days. The motel was paid for by her representative payee. The voucher presented to the motel established that there was enough money to pay for rent, food, clothing, bus fare, and laundry during the week. Police identified her as a missing person and arranged for her to be transferred back to the Psychiatric Health Facility (PHF).

Dr. James Glover, a Butte County behavioral health services psychiatrist was familiar with E.B. and her mental condition. He had diagnosed her with schizoaffective disorder, based on grandiose delusions, including her being employed by the FBI, owning a lot of property and expensive cars. E.B. had been psychiatrically hospitalized 27 times in the last nine years and approximately once a month for the last six to eight months. E.B. reported having a brain tumor, but that was not supported by any medical evidence. She claimed an employee of the "Butte Co[unty] Conservator Public Guardian" had told her he was a murderer and had stolen $1,700 in Social Security benefits. She believed she had recovered 659 children with law enforcement. She also believed she was poisoned several times a day while in the psychiatric hospital, that she had been kidnapped by illegal fugitives impersonating police officers, and numerous people had tried to kill her.

Dr. Glover prescribed E.B. Seroquel and Invega Sustenna. She was only compliant with taking her medications when she was in the inpatient unit and refused any outpatient follow-up care. She was not compliant, because she did not believe she had a mental illness, did not feel she needed the medication, and the medication complicated her humor.

E.B. confirmed she had left the board and care facility because she thought her life was in danger, people had "threatened me and were yelling at me to come out with my hands up because they were halfway, and they were people that had me kidnapped from the hospital July 29th of this year on false orders . . . ." She was afraid of the "criminals" in the facility, the employees had falsified information about her, she was not being given all of her medications, and the water was being contaminated. E.B. acknowledged that, if on her own, she would not take her medications because of their tranquilizing effect, and her belief that the "medication does change natural brain action of my head and causes me to have strokes."

Dr. Glover opined that E.B. was not able to provide for her own food, clothing, or shelter. He noted over the years she had not shown an ability to live independently for any length of time. He acknowledged although she appeared "well-dressed and groomed" when she came to the hospital, she also was hospitalized "a good part of the time." When she would leave the hospital, she did not take her medications and when she refuses treatment, she cannot live independently.

Deputy public guardian Matthew Garrahy had been familiar with E.B. since 2007. To prepare his comprehensive report, Garrahy reviewed past behavioral health reports, existing documentation from previous conservatorships of E.B., Dr. Glover's report, and the PHF staff notes. He concluded she was "obviously" not able to remain in housing or provide for her own food, clothing, and shelter. His conclusion was based on her historical inability to provide for her own food, clothing, or shelter.

E.B. believed that Garrahy wanted her under a conservatorship because he was "after" her Social Security money. She indicated she got $929 a month in Social Security. She also believed she was the beneficiary of a bank account containing $330,000. E.B. believed she could support herself with her own food, clothing, and shelter. She specifically stated she wanted the privilege of her driver's license. She also specifically indicated that she might petition the court for permission to ...


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