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Civil Rights,
Letters

May 13, 2021

Column cites no instances of rights being violated in probate conservatorship hearings

In his May 5 column, “Civil rights agencies in California are MIA for conservatees,” Thomas Coleman states repeatedly that the rights of people with developmental disabilities are violated in probate conservatorship hearings.

4th Appellate District, Division 1

Julia Craig Kelety

Associate Justice

Cornell Law School

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In his May 5 column, "Civil rights agencies in California are MIA for conservatives," Thomas Coleman states repeatedly that the rights of people with developmental disabilities are violated in probate conservatorship hearings. His lengthy column does not cite to a single example of such violations, so the reader is left to speculate as to Mr. Coleman's specific concerns.

In my experience in San Diego, the Probate Court, the Regional Center, and our statutorily-mandated court-appointed counsel strive to protect all the rights of potential conservatees with developmental disabilities. I note that these limited conservatorship cases typically are brought by the parents of children who have turned 18 years old so that the parents can continue to assist their disabled children.

If Mr. Coleman has knowledge of San Diego cases in which the rights of people with developmental disabilities "are being routinely violated in probate conservatorship proceedings," I would encourage him to inform the court of such violations, perhaps through a communication pursuant to C.R.C. 7.10(c).

-- Judge Julia Kelety

San Diego County Superior Court

#362651


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