California Court of Appeal

In an appeal of a petition filed by the county public conservator to reestablish a one-year conservatorship, the trial court's grant of the petition is reversed where the court erred by: 1) not advising conservatee of her right to a jury trial and 2) not obtaining conservatee's on-the-record personal waiver of that right without a finding that she lacked the capacity to make a jury waiver, as is implicit in In Estate of Kevin A. (2015) 240 Cal.App.4th 1241, which also involved a conservatee to be gravely disabled under the Lanterman-Petris-Short Act, Welf. & Inst. Code section 5000 et seq.

Appellate Information

• Published 2016/03/02

Judges

• GILBERT

Court

• California Court of Appeal

Counsel