Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County Super. Ct. No. MH103213, Theodore M. Weathers, Judge.
NARES, J.
Deborah W. appeals the judgment establishing a conservatorship of her person under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.). She contends the San Diego County Health and Human Services Agency (the Agency) did not give her timely notice of the temporary and permanent conservatorship hearings, there was no evidence she knowingly and intelligently waived her right to be present at the hearing and her other trial rights, and the court did not employ the correct standard of proof in establishing the conservatorship. We reverse and remand.
BACKGROUND
Deborah has a lengthy history of mental illness, psychiatric hospitalizations, and conservatorships. In October 2008 the police found her at a shopping mall, speaking incoherently and out of touch with reality. The police took her to San Diego County Mental Health for an evaluation and she was transferred to a psychiatric hospital. A hospital psychiatrist referred her for a conservatorship investigation because she was homeless, disheveled, poorly nourished, and unable to articulate a plan for self-care. An investigator with the Office of the Public Conservator recommended the establishment of a conservatorship.
On November 7, 2008, the Agency, through the Office of the Public Conservator, personally served Deborah with a notice of conservatorship investigation and a notice of intention to establish temporary conservatorship. There was no mention of a hearing date. On November 12 the Agency filed a petition for appointment of conservator of the person and temporary conservator. That day, the court appointed a temporary conservator and the notice of temporary conservatorship and order appointing temporary conservator were served by mail on Deborah.
On December 5, 2008, Deborah's appointed attorney met with Deborah. That day, the Agency served them both by mail with the conservatorship investigation report, the petition, and notice of a December 9 conservatorship hearing. On December 8 Deborah was personally served with the report, the petition, and a citation for the December 9 hearing.
Deborah did not attend the December 9, 2008 hearing. Her appointed attorney said they met on December 5 and Deborah understood her rights and disabilities, the meaning of a conservatorship, and the fact that there was going to be a hearing. Counsel said Deborah asked her to waive Deborah's presence at the hearing. The court excused Deborah's presence, received the report into evidence, established a conservatorship, and appointed the Public Conservator.
DISCUSSION
The Agency was required to serve Deborah with the petition and notice of the November 12, 2008, temporary conservatorship hearing at least five days before that hearing. (Prob. Code, § 2250, former subd. (e); Edward W. v. Lamkins (2002) 99 Cal.App.4th 516, 545.) She was not given notice of the hearing and was not served with the petition until well after the hearing. The Agency was also required to serve Deborah with the citation and the petition at least 15 days before the December 9 conservatorship hearing. (Prob. Code, § 1824.) She was served on December 8, the day before the hearing.
Noting the record discloses no reason for the untimely notice, the Agency requests that we reverse the December 9, 2008, judgment and remand for a hearing on the conservatorship petition. In view of the notice defects, we need not address Deborah's remaining contentions.
DISPOSITION
The judgment is reversed and the case is remanded for new conservatorship hearings after proper notices.
WE CONCUR: HUFFMAN, Acting P. J., McINTYRE, J.