Conservatorship of Buchanan

In Conservatorship of Buchanan (1978) 78 Cal.App.3d 281, the First District, Division Two of the Court of Appeal reasoned that because this statute contains no language indicating that where third parties can provide the basic necessities of life no "grave disability" exists, a trial court did not err in refusing to instruct a jury that "One is not gravely disabled either if he/she is capable of surviving on his/her own or with the help of willing and responsible third parties. Such third parties include relatives, friends, community agencies, and board and care facilities." In reaching this conclusion the Buchanan court rejected the contention that the legislative intent of the LPS, expressed in section 5001, compelled an instruction incorporating the factor of third party aid, stating: "We cannot agree. In fact, a review of chapter 3 of the LPS ( 5350 et seq.) indicates the opposite intention. Section 5350 adopts the procedures of division 5 of the Probate Code ( 1701 et seq.) for the institution of conservatorships. Section 5350 grants an individual a trial by court or jury on the sole issue of his grave disability. The sole discretion as to the appointment of a conservator and the course of treatment to be followed is vested in the court ( Prob. Code, 1753), guided by the best interests of the proposed conservatee ( Prob. Code, 1752). We see in the structure and scheme of the LPS a purposeful separation of the adjudication and placement of the gravely disabled person. The proposed instruction would not only confuse the trier of fact as to its proper role, but infringes upon the powers reserved by statute to the court's discretion, namely, the course of treatment. Accordingly, we conclude that the proffered instruction was properly refused and the jury was correctly instructed on the 'grave disability.'" (Conservatorship of Buchanan, supra, 78 Cal.App.3d 281, 290.)