In Re Conservatorship of John L.

Good Law
154 Cal. App. 4th 1090·2007 D.A.R. 13·65 Cal. Rptr. 3d 393
Court of Appeal of CaliforniaAugust 31, 2007D048654California8,589 words

Opinion

Opinion

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

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

O'ROURKE, Acting P.J.

John L. [1] appeals from a judgment establishing a conservatorship for him under the Lanterman-Petris-Short Act (LPS Act, Welf. & Inst.Code, § 5000 et seq.). The trial court entered judgment after excusing John from appearing at the conservatorship establishment hearing (Welf. & Inst.Code, § 5350) on his appointed counsel's assertion that John did not contest the conservatorship and did not wish to be present. On appeal, John contends the judgment establishing a conservatorship was reversible error because 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, and (2) did not conduct on-record voir dire required by Probate Code section 1828. He further contends the conservatorship judgment violated his state and federal constitutional due process rights because the court did riot comply with the aforementioned statutory safeguards…

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