Legal Opinion

Frank v. Carol K.

California Court of Appeal

Decided August 5, 2010No. C061006PublishedCited by 18 opinions

1Opinion of the Court

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…

2Cases cited7 opinions

  1. Cooley v. Superior CourtCalifornia Supreme Court · 2003
  2. People v. Howard N.California Supreme Court · 2005
  3. San Diego County Department of Social Services v. WalkerCalifornia Court of Appeal · 1987
  4. Conservatorship of WalkerCalifornia Court of Appeal · 1989
  5. Conservatorship of SmithCalifornia Court of Appeal · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. K.G. v. MeredithCalifornia Court of Appeal · 2012
  2. C.S. v. B.C. (In Re Conservatorship the Pers. of B.C.)California Court of Appeal · 2016
  3. Public Guardian of Mendocino County v. Jesse G.California Court of Appeal · 2016
  4. Morris v. M.B. (In re M.B.), California Court of Appeal, 5th District2018
  5. Conservatorship of B.C. CA2/6California Court of Appeal · 2015

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