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SCOTT S. v. SUPERIOR COURT

No. G046468.

204 Cal.App.4th 326 (2012)

138 Cal. Rptr. 3d 730

SCOTT S., an Incompetent Person, etc., Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; LUCILLE LYON, as Public Guardian, etc., Real Party in Interest.

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

March 14, 2012.

Attorney(s) appearing for the Case

Frank Ospino , Public Defender, Mark Brown and Kira Rubin , Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Nicholas S. Chrisos , County Counsel, and James C. Harvey , Deputy County Counsel, for Real Party in Interest.

OPINION

IKOLA, J.—

Petitioner Scott S. petitions for writ review of an order authorizing Lucille Lyon, public guardian for Orange County, to consent to amputating petitioner's infected toe. He contends the court erred by relying on a physician's written declaration to find the amputation was medically necessary.

(1) We agree. The Lanterman-Petris-Short Act (LPS; Welf. & Inst. Code, § 5000 et seq.)

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