Frank v. Carol K.

188 Cal. App. 4th 123, 115 Cal. Rptr. 3d 343
CourtCalifornia Court of Appeal
DecidedAugust 5, 2010
DocketNo. C061006
StatusPublished
Cited by37 cases

This text of 188 Cal. App. 4th 123 (Frank v. Carol K.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frank v. Carol K., 188 Cal. App. 4th 123, 115 Cal. Rptr. 3d 343 (Cal. Ct. App. 2010).

Opinion

Opinion

RAYE, Acting P. J.

Once again, we confront a familiar and moral/legal dilemma that the Legislature has attempted to resolve: when should the state intervene to care for the nondangerous mentally ill? This dilemma pits our belief in individual liberties against our desire to protect the helpless, incapacitated individual in need of immediate assistance.

Here, a jury found defendant, 62-year-old Carol K., gravely disabled beyond a reasonable doubt. The court appointed the public guardian to act as Carol’s conservator under the Lanterman-Petris-Short Act (LPS Act; Welf. & Inst. Code, § 5000 et seq.).1 The court ordered Carol placed in a locked skilled nursing facility as the least restrictive placement. Carol appeals, challenging the sufficiency of the evidence to support a finding that she is gravely disabled and cannot obtain food, clothing, or shelter. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In November of 2007 the public guardian filed a petition for appointment of conservator of person and estate and for appointment of temporary conservator for Carol. The petition stated Carol was gravely disabled as a result of a mental disorder and was unwilling to accept treatment voluntarily. The petition also recommended placement in a locked facility based on Carol’s failure to demonstrate a “real ability or willingness to remain in a placement in the community such as a [board and care]. Her admissions to [126]*126this facility have increased recently due to [Carol’s] delusional thought process and inability to maintain her placements.”

In a declaration in support of the petition, staff psychiatrist Sonya Jackson stated Carol was unable to provide her basic personal needs for food, clothing, or shelter. According to Jackson, Carol “depends on a variety of institutions to provide her with her food. Recently, [Carol] has begun to state that the food that the residential facilities give her is poisoned and will leave her placement as a result of this. ... [f] .. .[][].. . [Carol] may lose her clothing between transitions from one facility to another and may need to rely on assistance in obtaining her clothes. [][]... [f] [Carol] has lost many of her placements due to accusing them of having criminals there. She also accuses these placements of poisoning and starving her. As a result of her delusional [thought process], [Carol] leaves these placements and comes to this facility and will frequently refuse to return, even if she is paid up through the month.”

A jury trial followed. During jury selection Carol blurted out, “Stop it. Stop it.” Shortly after, Carol sobbed audibly. While the jury was not present, Carol told defense counsel, “I can’t get away from you,” complained of breathing problems, accused counsel of knocking her off her chair, and called defense counsel an idiot. Following this outburst, the court told Carol, “Any type of action in the courtroom is going to be watched [f] ... [f] ... by all these other jurors. Can’t really help you in any way. So I’d like you to try as best as you can to control your actions.”

The following day, the court, out of the jury’s presence, asked about the availability of the medications Carol was taking. The court also noted that the fire department and bailiffs had responded to the breathing incident in court the previous day. Although the court noted counsel stated Carol had a breathing or asthma problem, the court admonished Carol not to move her chair around or push away from the table or her counsel. With the approval of counsel, the court advised the jury that Carol had had an asthma attack.

Testimony of Emily Wight

Emily Wight, the deputy public guardian assigned to Carol’s case, testified she investigates conservatorship referrals from psychiatric facilities. Wight evaluates referrals from psychiatrists stating that a person is gravely disabled. She independently evaluates the person to ascertain whether he or she is gravely disabled and proceeds with the referral if her findings comport with those of the referring psychiatrist.

Wight had investigated a prior temporary conservatorship for Carol the previous year. The temporary conservatorship did not proceed to a full conservatorship because Carol had done “very well.”

[127]*127As part of her investigations, Wight attempts to seek out relatives or other third parties to circumvent the need for conservatorships. However, Wight found no outside agency or third party willing to assist Carol.

Carol has been at a locked acute psychiatric hospital on at least 16 occasions. Carol needs a highly structured setting to control her mental illness. According to Wight, a locked acute psychiatric facility would provide the food, clothing, shelter, and medical assistance Carol needs.

Wight differentiated Carol’s current state from her previous need for a temporary conservatorship. Currently, Carol is unwilling to work with agencies and third parties to take medication to keep her from being gravely disabled. Wight agreed with the psychiatrist’s diagnosis that Carol is gravely disabled and needs a conservator.

Numerous less restrictive placements were unsuccessful. Carol was given multiple services to try to keep her stable in the community without a conservatorship. However, Carol refused to cooperate with those services. She would not allow the services agencies to take her to the doctor, and she would not cooperate by taking medication for her mental illness.

Carol’s most recent placement at Willow Glen, a community placement, lasted only 33 days. At the facility, Carol either refused to take her medications or modified her medications. As a result, Carol lay on the floor for almost 24 hours, refusing to get up. She refused food and drink and urinated on herself several times, and would not allow staff to help her. During the incident, Carol kicked, hit, and spat on staff who were trying to help her. Ultimately, Carol was taken to an acute psychiatric hospital, her most recent hospitalization. The incident led to the request for a conservatorship.

On cross-examination, Wight stated Carol does not disagree she suffers from a mental illness, but Carol disagrees with the specific diagnosis. Carol believes she suffers from anxiety and depression. She refuses to take antipsychotic medications because she believes they make her psychotic.

Testimony of Dr. Quanbeck

Cameron Quanbeck, M.D., a board certified psychiatrist and University of California Davis Medical Center faculty member, testified he has diagnosed approximately 10,000 mentally ill individuals. The court found Dr. Quanbeck qualified as an expert in psychiatry.

Dr. Quanbeck treats Carol and has spoken with her weekly for the past five months. In conjunction with his assessment, Dr. Quanbeck spoke with Carol’s [128]*128previous psychiatrist, reviewed her medical records, interviewed Carol and observed her behavior, contacted the nursing staff and other members of the treatment team, reviewed records of Carol’s various placements, and spoke with Wight.

According to Dr. Quanbeck, Carol is one of the most complicated mentally disordered patients he has ever treated. He diagnosed Carol with bipolar disorder not otherwise specified and psychotic disorder not otherwise specified.2

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Cite This Page — Counsel Stack

Bluebook (online)
188 Cal. App. 4th 123, 115 Cal. Rptr. 3d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-carol-k-calctapp-2010.