California Court of Appeal

A petition for writ review of a trial court order authorizing a county public guardian to consent to amputating the petitioner's infected toe is granted and a writ of mandate directing the trial court to vacate its order is issued, where the trial court erred by relying on a physician's written declaration to find the amputation was medically necessary, since a conservator appointed under the Lanterman-Petris-Short Act seeking such an order must show that the desired treatment is medically necessary through admissible evidence.

Appellate Information

• Decided 03/14/2012
• Published 03/14/2012

Judges

• Ikola

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mark Brown, James C. Harvey