California Court of Appeal

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Conservatorship of Maria B., G047889

The trial court's order granting the conservator's petition for an order authorizing her to consent to a hysterectomy and oophorectomy on the conservatee's behalf is affirmed, where: 1) Probate Code section 2357 governs because the objective of the proposed surgery is to treat the conservatee's medical conditions, not to prevent her from bearing children; 2) the trial court erred in applying the preponderance of the evidence standard of proof because the proposed surgery would have a substantial and irreversible impact on the conservatee's fundamental right to procreative choice; but 3) the conservatee's counsel failed to show it is reasonably probable the trial court would have reached a different conclusion if it had applied the proper standard, and therefore failed to show the error was prejudicial.

Appellate Information

  • Decided 07/31/2013
  • Published 07/31/2013

Judges

  • ARONSON

Court

  • California Court of Appeal

Counsel