Conservatorship of Smith

Opinion

LOW, P. J.

We hold that a proposed conservatee suffering from a mental disorder is not “gravely disabled” for the purposes of conservatorship and possible involuntary confinement, under Welfare and Institutions Code section 5350,1 if he or she is capable of carrying out the transactions necessary for survival, including providing for food, clothing or shelter, with or without the aid of others. We find the evidence is insufficient to support a gravely disabled finding, and we reverse the judgment and order of conservatorship.

I

The case raises a familiar moral and legal problem that the…