ANNOUNCEMENTS
**LPS CONSERVATORSHIP: SUPREME COURT OF CALIFORNIA DECISION**
Conservatorship of K.P., 11 Cal. 5th 695, 489 P.3d 296 (2021)
*Supreme Court has issued opinion on Conservatorship of K.P.
Held: The Supreme Court, Corrigan, held that:
(1) as a matter of first impression, capacity or willingness to accept treatment is a relevant factor to be considered on the issue of grave disability but is not a separate element that must be proven to establish a conservatorship under the LPS Act, disapproving Conservatorship of Davis, 124 Cal.App.3d 313, 177 Cal.Rptr. 369; Conservatorship of Walker, 196 Cal.App.3d 1082, 242 Cal.Rptr. 289; Conservatorship of Baber, 153 Cal.App.3d 542, 200 Cal.Rptr. 262;
(2) gravely disabled standard is constitutionally sufficient; and
(3) jury's finding of grave disability was sufficient to appoint a conservator.
**LPS CONSERVATORSHIP: MOST RECENT PUBLISHED APPELLATE CASE**
Conservatorship of C.O. Cal. Ct. App. Nov. 18, 2021
Held:
(1) where a proposed conservatee under the LPS Act is able to and willing to attend hearing, trial court must directly advise proposed conservatee on record, in court proceeding, of his or her right to have matter of establishment or reestablishment of conservatorship decided by trial by jury;
(2) in an LPS Act conservatorship proceeding, absent circumstances suggesting proposed conservatee's counsel lacked actual authority, counsel disregarded his client's wishes, or that proposed conservatee was actually unaware of his right to trial by jury, counsel may waive on behalf of proposed conservatee his or her right to have matter of establishment or reestablishment of conservatorship decided by jury trial;
(3) in an LPS Act conservatorship proceeding, a trial court's failure to obtain a personal waiver, on the record, of the proposed conservatee's right to a jury trial does not violate a constitutional due process right;
(4) evidence was sufficient to support finding that conservatee knowingly and intelligently waived right to jury trial; and
(5) trial court's error in failing to advise conservatee personally, on record, of his statutory right to jury trial was harmless.
Affirmed.
Conservatorship of K.P., 11 Cal. 5th 695, 489 P.3d 296 (2021)
*Supreme Court has issued opinion on Conservatorship of K.P.
Held: The Supreme Court, Corrigan, held that:
(1) as a matter of first impression, capacity or willingness to accept treatment is a relevant factor to be considered on the issue of grave disability but is not a separate element that must be proven to establish a conservatorship under the LPS Act, disapproving Conservatorship of Davis, 124 Cal.App.3d 313, 177 Cal.Rptr. 369; Conservatorship of Walker, 196 Cal.App.3d 1082, 242 Cal.Rptr. 289; Conservatorship of Baber, 153 Cal.App.3d 542, 200 Cal.Rptr. 262;
(2) gravely disabled standard is constitutionally sufficient; and
(3) jury's finding of grave disability was sufficient to appoint a conservator.
**LPS CONSERVATORSHIP: MOST RECENT PUBLISHED APPELLATE CASE**
Conservatorship of C.O. Cal. Ct. App. Nov. 18, 2021
Held:
(1) where a proposed conservatee under the LPS Act is able to and willing to attend hearing, trial court must directly advise proposed conservatee on record, in court proceeding, of his or her right to have matter of establishment or reestablishment of conservatorship decided by trial by jury;
(2) in an LPS Act conservatorship proceeding, absent circumstances suggesting proposed conservatee's counsel lacked actual authority, counsel disregarded his client's wishes, or that proposed conservatee was actually unaware of his right to trial by jury, counsel may waive on behalf of proposed conservatee his or her right to have matter of establishment or reestablishment of conservatorship decided by jury trial;
(3) in an LPS Act conservatorship proceeding, a trial court's failure to obtain a personal waiver, on the record, of the proposed conservatee's right to a jury trial does not violate a constitutional due process right;
(4) evidence was sufficient to support finding that conservatee knowingly and intelligently waived right to jury trial; and
(5) trial court's error in failing to advise conservatee personally, on record, of his statutory right to jury trial was harmless.
Affirmed.
Summary of case law pertaining to LPS conservatorship and involuntary treatment
Conservatorship of Joanne R.
Conservatorship of Gordon
Conservatorship of Isaac O
Sorenson v. Superior Court
Conservatorship of Walker
In re Azzarella
Conservatorship of Jesse G
Conservatorship of McKeown
Conservatorship of Manton
Conservatorship of C.O.
Conservatorship of S.A.
Conservatorship of Roulet
Conservatorship of K.G and Donna H.
Conservatorship of Davis
In re Elizabeth R
Conservatorship of David L
Conservatorship of Torres
Conservatorship of Law
Kaplan v. Superior Court (Adler)
Conservatorship of Delay
Conservatorship of Ivey
Conservatorship of E.B.
Conservatorship of Benvenuto
Conservatorship of Karriker/Kennebrew
Conservatorship of G.H
Conservatorship of Smith
Conservatorship of Baber
Conservatorship of George H.
Conservatorship of Hofferber
Conservatorship of Joanne R.
Conservatorship of Gordon
Conservatorship of Isaac O
Sorenson v. Superior Court
Conservatorship of Walker
In re Azzarella
Conservatorship of Jesse G
Conservatorship of McKeown
Conservatorship of Manton
Conservatorship of C.O.
Conservatorship of S.A.
Conservatorship of Roulet
Conservatorship of K.G and Donna H.
Conservatorship of Davis
In re Elizabeth R
Conservatorship of David L
Conservatorship of Torres
Conservatorship of Law
Kaplan v. Superior Court (Adler)
Conservatorship of Delay
Conservatorship of Ivey
Conservatorship of E.B.
Conservatorship of Benvenuto
Conservatorship of Karriker/Kennebrew
Conservatorship of G.H
Conservatorship of Smith
Conservatorship of Baber
Conservatorship of George H.
Conservatorship of Hofferber