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MICHAEL J. v. SUPERIOR COURT

No. G033218.

15 Cal.Rptr.3d 196 (2004)

119 Cal.App.4th 1290

MICHAEL J., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Linda Rogers, as Conservator, etc., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

Rehearing Granted July 22, 2004.

Attorney(s) appearing for the Case

Price, Crooke & Gary, Donald R. Price, Bruce J. Gary; Bradley R. Kirk & Associates and Bradley R. Kirk, Irvine, for Petitioner.

No appearance for Respondent.

Stephen M. Magro, Tustin, for Real Party in Interest.

OPINION

RYLAARSDAM, ACTING P. J.

Does the conservator of the person and the estate of a mentally disabled person who is unable to communicate her wishes have the power to initiate and prosecute a petition for the dissolution of her marriage? We conclude she does not. But, if necessary for the protection of the assets of the estate, the conservator has the authority, subject to the approval of the probate court, to petition for legal separation. The trial...

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