Conservatorship of O.B.
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In Conservatorship of O.B. (2020) 9 Cal.5th 989, 1012, the California Supreme Court reversed the judgment rendered in the Court of Appeal's prior opinion filed on February 26, 2019, remanding with directions to reevaluate the sufficiency of the evidence in light of its clarification of how an appellate court should review a finding made by the trier of fact pursuant to the clear and convincing standard. In this case, O.B., a person with autism spectrum disorder appeals from an order establishing a limited conservatorship of her person and appointing her mother and elder sister as conservators.
As directed, the court reevaluated the sufficiency of the evidence and concluded that substantial evidence supports the establishment of a limited conservatorship of O.B.'s person. In this case, the record as a whole contains substantial evidence, in the form of mother's testimony, from which a reasonable factfinder could have found it highly probable that O.B. lacks the capacity to perform some of the tasks necessary to provide properly for her own personal needs for physical health, food, clothing, or shelter, or to manage her own financial resources. Furthermore, additional evidence supports the trial court's findings, such as the regional center evaluation recommending a limited conservatorship and the probate court's personal observations of O.B. during the proceedings. The court also held that the probate court did not violate principles of conservatorship law, and the probate court did not prejudge the case.
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