K.R.
K.R. v. Superior Court
Opinion
Opinion
Fujisaki, J.
Filed 6/22/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
K.R.,
Petitioner, v.
THE SUPERIOR COURT OF NAPA A164821
COUNTY,
(Napa County Respondent; Super. Ct. No. 21MH000078)
THE PUBLIC CONSERVATOR OF
NAPA COUNTY,
Real Party in Interest.
The Lanterman-Petris-Short Act (LPS Act, Welf. & Inst. Code, § 5000 et seq.) 1 authorizes one-year conservatorships over individuals who are “gravely disabled” by a mental health disorder or chronic alcoholism. Persons subject to the LPS Act are entitled to a court or jury trial on whether they are gravely disabled, and they must be personally advised of this right by the trial court. (§ 5350; Prob. Code, § 1828, subd. (a)(6).) The trial demand may be asserted either before or after the “hearing on the conservatorship petition.” (§ 5350, subd. (d)(1) (hereafter, § 5350(d)(1)).) If the demand is made before the hearing, “the demand shall constitute a waiver of the
Further statutory references are to the Welfare and Institutions Code unless stated otherwise.
1 hearing” (ibid.), and the matter will proceed to trial forthwith (§ 5350, subd.…