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**LPS CONSERVATORSHIP: MOST RECENT APPEAL 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.
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.
**announcement**
It has come to attention that there are false statements going around that LPS appeals are rare or that the only good citable case law dates back many years ago. This is patently absurd and false. Please do not disregard the value in legal authority and making sure cases raised in briefs and in court are shepardized and are good law.
Check Lexis/ Westlaw/ CEB/ a supervisor/ firm director for updates for new decisions or depublication.
Check Lexis/ Westlaw/ CEB/ a supervisor/ firm director for updates for new decisions or depublication.
LPS Appeals do very much exist. Folks need to stop running around saying LPS appeals are extremely rare.
Less common than dependency..... yes, but by any stretch of the imagination; very rare.
Depublished/unpublished does not mean that the appeal did not happen. It just means counsel cannot cite to it in a trial/appellate brief.
So miss us with that nonsense.....
The hard working panel attorneys over at CAP-LA / CCAP/ ADI are not working hard for folks to be going around dismissing the appeal process.
If dependency counsel can do it LPS counsel can put in the same effort.
Recent 2021-2020 case law that has been shepardized listed below.
Less common than dependency..... yes, but by any stretch of the imagination; very rare.
Depublished/unpublished does not mean that the appeal did not happen. It just means counsel cannot cite to it in a trial/appellate brief.
So miss us with that nonsense.....
The hard working panel attorneys over at CAP-LA / CCAP/ ADI are not working hard for folks to be going around dismissing the appeal process.
If dependency counsel can do it LPS counsel can put in the same effort.
Recent 2021-2020 case law that has been shepardized listed below.
** Counsel..... we get it you're very busy. Be it you or patient's rights, please educate patients about the appeal process and the limitations and likelihood of getting a Ben C brief back.
We good now re this issue of appeals......?
In case ya'll need another reminder of why checking case law. This
Many bench officers may not be aware of this change so be sure everyone is up to date with this new change as the department and minor's counsel likes to raise the issue when parent's counsel raises (c)(1)(B)(i) exception.
Many bench officers may not be aware of this change so be sure everyone is up to date with this new change as the department and minor's counsel likes to raise the issue when parent's counsel raises (c)(1)(B)(i) exception.
someone hire a better publicist for CAPAPGPC: in re the dates of these meetings/cle's.
now we'll never know what new information has come out regarding minors under lps.
