GUARDIANSHIP OF PHILLIP B.
139 Cal.App.3d 407 (1983)
NATURE OF THE CASE: This was a dispute over guardianship. Parents (Ds) sought review of
the judgment that ordered the issuance of letters of guardianship to Care facility
volunteers (P) and authorized a heart catheterization.
FACTS: Phillip B. (C) was born with Down's Syndrome. C was transferred to a licensed
board and care facility for disabled children a few days after his birth. The facility was
clean but offered no structure, education, or developmental programs. It required that all
children up to eight-years-old sleep in cribs. By the time C was three, he was diagnosed
with a congenital heart defect. By six, no action regarding his heart condition was taken. C
was transferred to another care facility when he was seven and has remained there until this
trial. Things began to improve for C when volunteers began to get involved in his life.
Patsy (P). and her family, who can be described as nothing but saints in their own right,
got C into a preschool in 1972 and began to address C as a human being with potential for a
quality life. The biological parents basically were not there for C and C's attachment to
his new family was developing quite well. The issue of C's heart defect is at the core of
this case with P. and her family wanting the procedure performed and D's biological parents
opposed. The biological parents disapproved of the procedures and this decision was
challenged by the district attorney in juvenile court. The juvenile court dismissed the
action and that was sustained on appeal. Suddenly, C's biological mother forbade C to visit
P and this had an adverse and severe effect on C. The evidence showed that C had an IQ of 57
and was capable of learning and living alone or semi-independent. This suit for guardianship
was initiated. P got custody.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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