Conservatorship of Benvenuto

Appellant Victor F. Benvenuto seeks a reversal of an order reappointing a conservator of his person and estate under the provisions of the Lanterman-Petris-Short Act (LPS), Welfare and Institutions Code section 5350 et seq.). He contends the trial court erred in finding him “still gravely disabled,” the predicate for reestablishing the conservatorship. He also contends the trial court erred in failing to inform him of his right to jury trial on the issue whether he is gravely disabled. Both contentions have merit and we reverse the judgment (order of reappointment) on both grounds.

Facts and Procedural Background

On November 30, 1983, Barbara Kahl, Public Guardian of Placer County (conservator), was appointed by the superior court as LPS conservator of Benvenuto’s estate and person based upon a finding that he was “gravely disabled as a result of a mental disorder.” The conservator was granted the power to place Benvenuto in an institution. He was placed in a mental health facility. (§ 5358.)

On November 1, 1984, the conservator filed a petition for reappointment for a succeeding one-year period. On November 16 the conservator set the matter for hearing on November 28.…