California Court of Appeal

On a petition for a writ of mandate and declaratory relief brought on behalf of two gravely disabled persons against their conservator, the Marin County Public Guardian, the trial court's dismissal of the petition is reversed, where: 1) dismissal of the appeal as moot on the ground that the conservatorships of the individual petitioners expired was not warranted because the action raised important issues of public interest that were capable of repetition yet evading review; 2) the purported change in conservatorship procedures did not moot the action; and 3) medical decisional disabilities may not be imposed upon a conservatee without proper notice and the opportunity for hearing, or without a judicial determination of decisional incapacity.

Appellate Information

• Decided 03/08/2012
• Published 03/08/2012

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Morton P. Cohen, Edward J. Kiernan