May 5, 2022 – Fresno County Public Guardian v. Superior Court (Fresno County App. Div., M21910568)

After proceedings were suspended because defendant was found incompetent to stand trial, the court referred the matter to the Public Guardian for an LPS conservatorship based on the opinion of a licensed marriage and family therapist (LMFT). The Public Guardian filed a petition for writ of mandate arguing that an LMFT was not “a qualified mental health expert” for the purpose of PC 1370.01 referrals. The appellate division rejects this argument, holding that an LMFT is a qualified mental health expert within the meaning of the statute.

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