Guardianship of Kemp

Opinion

EMERSON, J. *

This appeal presents, for the first time in California, the question: Has the superior court, sitting in probate, 1 jurisdiction to order a guardian to consent to the involuntary sterilization of an adult incompetent ward? We conclude that it has not.

Respondent filed a petition seeking his appointment as the guardian of his adult daughter [appellant], on the ground that she was incompetent. The probate court, finding that appellant was an incompetent person, appointed respondent guardian of her person and estate. He duly qualified as such.

Thereafter respondent filed, in…