California Court of Appeal

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Conservatorship of John L., D048654

Judgment establishing a conservatorship for appellant under the Lanterman-Petris-Short Act is affirmed over claims that the trial court: 1) improperly proceeded with his LPS hearing in his absence without satisfying conditions excusing his mandatory presence under Probate Code section 1825; 2) did not conduct on-record voir dire required by Probate Code section 1828; and 3) violated his state and federal constitutional due process rights because the court did not comply with the aforementioned statutory safeguards intended to minimize the risk of error, and consequently it did not have evidence from which it could reasonably determine he knowingly and intelligently waived his rights.

Appellate Information

  • Decided 08/31/2007
  • Published 08/31/2007

Judges

  • O'ROURKE, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Linda M. Fabian, under appointment by the Court of Appeal, San Diego, for Objector and Appellant.

  • For Appellees:
  • John J. Sansone, County Counsel, and Leonard W. Pollard II, Deputy County Counsel, for Petitioner and Respondent.
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