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CONSERVATORSHIP OF BURTON

No. F054863.

170 Cal.App.4th 1016 (2009)

Conservatorship of the Person of HARRISON BURTON. KIMBERLY HOLLAND, as Associate Warden, etc., Petitioner and Respondent, v. HARRISON BURTON, Objector and Appellant.

Court of Appeals of California, Fifth District.

January 28, 2009.

Attorney(s) appearing for the Case

Rudolph Kraft III, under appointment by the Court of Appeal, for Objector and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Jessica N. Blonien and Christopher J. Rench, Deputy Attorneys General, for Petitioner and Respondent.

OPINION

WISEMAN, Acting P. J.—

In this case we resolve a conflict in statutory language relating to mental capacity to give or refuse consent to medical treatment. Harrison Burton, a state prison inmate, argues that, although he embarked on a hunger strike based on delusional beliefs, the Probate Code gave him the right to continue the hunger strike because his mental condition did not...

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