A source told the publication that under California law, the proposed conservator must show that the conservatee
is unable to care for themselves, and is a danger to others.
138) the court employed the Mathews balancing test to determine whether a conservatee
was entitled to Anders procedures on appeal.
However, Eardley said he would petition for a rehearing on grounds that two specific orders - the inability of a conservatee
to bind the estate and the inability of the conservatee
to choose her own counsel - can be appealed.
Commissioner Reva Goetz told a packed LA courtroom: "It's in the best interests of the conservatee
to have conservatorship over her person.
Records would be subject to audit by the court and conservators could no longer use the assets of the individual to oppose petitions or other actions on behalf of the conservatee
or ward unless the court determines that the opposition was made in the best interests of the conservatee
The California Supreme Court recognized the significance of the case, noting that "no decision of which we are aware has approved a conservator's or guardian's proposal to withdraw artificial nutrition and hydration from a conscious conservatee
Wendland "offered no basis" for starving her husband to death "other than her own subjective judgement that the conservatee
did not enjoy a satisfactory quality of life and legally insufficient evidence to the effect that he would have wished to die.
As a conservatee
, Britney is not allowed by law to defend herself.
82) Motivated in large part to break from this history, (83) the state legislature in 1979 repealed the last remaining compulsory sterilization statute (84) and simultaneously amended section 2356(d) of the state probate code to read, "No ward or conservatee
may be sterilized under the provisions of this division.
The justices stated that section 2355 applies "to a conservator's decision to withhold life-sustaining nutrition/hydration from a conservatee
who has been adjudicated to lack capacity to make his own decision, but who is not terminally ill or PVS.
The California Supreme Court ruled against this interpretation of state law, however, and instead held that the relevant statutes required conservators to "make health care decisions for the conservatee
in accordance with the conservatee
's individual health care instructions, if any, and other wishes to the extent known to the conservatee
The California conservator [guardian] statute states the following: an appointed "conservator has the exclusive authority to give consent for such medical treatment to be performed on the conservatee
[ward] as the conservator in good faith based on medical advice determines to be necessary and the conservator may require the conservatee
to receive such medical treatment, whether or not the conservatee