California Court of Appeal

Order in criminal proceeding directing public conservator to file a petition to establish a conservatorship under the Lanterman-Petris-Short Act for an incompetent defendant is reversed as, while the court is authorized to refer the defendant to the conservator's office for a conservatorship investigation, the court lacks jurisdiction to order her to file the petition if she determines that the individual does not meet the requirements for a conservatorship under the Act.

Appellate Information

• Decided 04/11/2007
• Published 04/11/2007

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jennifer B. Henning, Calif. State Assoc. of Counties, for amicus curiae for California State Association of Counties and the California Association of Public Administrators, Public Guardians, and Public Conservators on behalf of appellants., Steven M. Woodside, County Counsel, William L. Adams, Deputy County Counsel, for objector and appellant.


• For Appellees:
  
• No appearance for plaintiff and respondent., Matthew Zwerling, Jeremy Price, under appointment by the Court of Appeal, for defendant and respondent.