Conservatorship and Estate of Luke C. CA2/7

Good Law
Court of Appeal of CaliforniaNovember 17, 2021B311111California3,337 words

Opinion

Opinion

INTRODUCTION

Luke C. appeals from the trial court’s order appointing Public Guardian of Los Angeles the conservator of Luke’s person and estate pursuant to the Lanterman-Petris-Short (LPS) Act. (See Welf. & Inst. Code, § 5350 et seq.) Luke argues the trial court improperly coerced him to waive his right to a jury trial by telling him he could have either a court trial that day or, because of the COVID-19 pandemic, a jury trial in eight months. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The LPS Act “The LPS Act authorizes the superior court to establish a conservatorship of a person who is gravely disabled as a result of a mental disorder.” (Conservatorship of John L. (2010) 48 Cal.4th 131, 139; see Welf. & Inst. Code, § 5350.)1 “An LPS conservatorship automatically terminates after one year, and reappointment of the conservator must be sought by petition.” (Conservatorship of John L., at p. 143; see § 5361.) “The proposed conservatee is entitled to demand a jury trial on the issue of his or her grave disability,” including on a petition “to reestablish a conservatorship after its automatic expiration . . . .” (Conservatorship of Ben C. (2007) 40 Cal.4th 529, 541-542;…

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