In re Kevin A.
Conservatorship of the Estate of Brown v. Kevin A.
Opinion
Opinion
Pena, J.
INTRODUCTION
Kevin A. appeals from an order granting the petition of Yvonnia Brown, the Public Conservator of Merced County (Public Conservator), to reestablish conservatorship for a one-year period, finding him to be gravely disabled under the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.). Kevin A. argues the court erred in accepting a waiver of jury trial over his objection and request. In light of the recent California Supreme Court decisions in People v. Blackburn (2015) 61 Cal.4th 1113 [ 191 Cal.Rptr.3d 458 , 354 P.3d 268 ] and People v. Tran (2015) 61 Cal.4th 1160 [ 191 Cal.Rptr.3d 251 , 354 P.3d 148 ], we agree and reverse the order granting the petition.
RELEVANT BACKGROUND
Conservatorship over Kevin A. was initiated in 2006. For the majority of the time that followed, Kevin A. remained in conservatorship. However, in June 2013, a jury found Kevin A. was not gravely disabled and, as a result, conservatorship was terminated.
In August 2014, the Public Conservator reinitiated conservatorship proceedings by filing a petition for reappointment of conservatorship over Kevin A.’s person and estate pursuant to section 5361. The petition…