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Conservatorship of K.Y.
Because continually requesting extensions posed the risk of mooting a conservatorship case, it behooves counsel to mind conservatorship order deadlines and notify the court accordingly.
Conservatorship 1DCA/4 Mar. 22, 2024
Conservatorship of A.A.
A public guardian could receive a one-year Murphy conservatorship over appellant since there was a finding of probable cause when appellant pled guilty to vehicular manslaughter.
Conservatorship 1DCA/1 Oct. 12, 2022
K.R. v. Superior Court (The Public Conservator of Napa County)
Petitioner retained the right to demand a jury trial as to whether she was gravely disabled since the hearing to establish a conservatorship was a "hearing," not a "bench trial."
Conservatorship 1DCA/3 Jun. 24, 2022
Conservatorship of Eric B.
Committed persons found not guilty of crimes by reason of insanity and Lanterman-Petris-Short Act conservatees are similarly situated for purposes of the right not to give compelled testimony.
Conservatorship CASC Apr. 29, 2022
Conservatorship of Joanne R.
Despite the 9-month difference in delay between a bench trial and a jury trial, a conservatee's waiver of a jury trial was knowing and intelligent, and was not improperly induced.
Conservatorship 2DCA/7 Dec. 20, 2021
Conservatorship of C.O.
Trial court erred in not personally advising conservatee of right to jury trial, but the error was harmless because the evidence showed that conservatee would not have had a more favorable outcome.
Conservatorship 6DCA Nov. 22, 2021
Hudson v. Foster
In setting aside an order approving conservator's account based on extrinsic fraud, conservatees are not required to establish that the fraud was undiscoverable prior to approval of the account.
Conservatorship 2DCA/5 Sep. 9, 2021
Conservatorship of Farrant
Right to accounting can arise from possession of money or property which because of special relationship, defendant is obliged to surrender.
Conservatorship 2DCA/6 Aug. 4, 2021
Conservatorship of A.B.
Court cannot transfer to public guardian its authority to decide if collection of fee would pose undue financial hardship on conservatee.
Conservatorship 1DCA/4 Jul. 9, 2021
Conservatorship of K.P.
Under Lanterman-Petris-Short Act, conservatee's unwillingness or inability to volunatarily accept treatment is not a separate element on issue of grave disability.
Conservatorship CASC Jun. 29, 2021
In re Liquidation of Castlepoint National Insurance Co.
California insolvency proceedings did not bar plaintiffs' claims because they did not interfere with Commissioner's management of assets.
Conservatorship 1DCA/5 Jun. 17, 2021
Conservatorship of Navarrete
Trial court did not have authority to order disabled adult conservatee to attend joint therapy sessions with her estranged father against her will.
Conservatorship 4DCA/2 Dec. 23, 2020
Conservatorship of O.B.
Mother's testimony was sufficient evidence to support establishing limited conservatorship of her daughter despite expert testimony opining against conservatorship.
Conservatorship 2DCA/6 Dec. 3, 2020
Conservatorship of S.A.
Conservatorship granted to mother because schizophrenic daughter was gravely disabled, meaning she was unable to provide for her own food, clothing, or shelter.
Conservatorship 2DCA/8 Nov. 5, 2020
Conservatorship of O.B.
Appellate courts must account for the clear and convincing standard of proof when addressing a claim that the evidence does not support a finding made under this standard.
Conservatorship CASC Jul. 28, 2020
Conservatorship of J.Y.
Lanterman-Petris-Short Act conservatees are similarly situated to to persons found not guilty by reason of insanity with respect to right against compelled testimony.
Conservatorship 1DCA/2 May 26, 2020
Conservatorship of A.E.
Probate Code Section 1825(a)'s procedure for a proposed conservatee's production and attendance at the hearing, must be followed regardless of the degree of mental impairment.
Conservatorship 2DCA/6 Feb. 20, 2020
Conservatorship of Bryan S.
A proposed conservatee cannot refuse to testify at his own conservatorship trial based on the Fifth Amendment and his equal protection rights are not violated when compelled to testify.
Conservatorship 1DCA/1 Nov. 20, 2019
People v. Pierre R.
A Mentally Disordered Offender need not be treated for the mental disorder that caused the offense, if the MDO was already treated for a similar disorder with the same treatments.
Conservatorship 2DCA/6 Nov. 19, 2019
Conservatorship of D.P.
For conservatorship hearings, a jury needs to only be instructed with the definition of 'gravely disabled' that is based on the express language of Welfare and Institutions Code Section 5350.
Conservatorship 2DCA/5 Nov. 4, 2019
Conservatorship of M.M.
Welfare and Institutions Code Section 5350's time limitations are not mandatory, but directory; therefore there are no consequences for failing to begin trial within the statutory period.
Conservatorship 2DCA/8 Sep. 3, 2019
Conservatorship of D.C.
Despite trial court's failure to state specific factors underlying its order for involuntary medication, substantial evidence supported the order such that no reversible error occurred.
Conservatorship 2DCA/8 Sep. 3, 2019
Conservatorship of O.B.
Appellate court ruling on sufficiency of evidence supporting trial court's factual findings will look to all supporting evidence and may set aside conflicting evidence.
Conservatorship 2DCA/6 Feb. 28, 2019
Conservatorship of K.W.
In case involving appointment of conservatorship, permitting jury to consider case-specific hearsay testimony of psychiatrist violates ‘Sanchez,’ but reversal not warranted where error is harmless.
Conservatorship California Courts of Appeal Aug. 4, 2017
Conservatorship of B.C.
Unlike conservatorship proceedings under the Lanterman-Petris-Short Act, probate conservatorships do not require personal waiver of conservatee's right to jury trial.
Conservatorship Dec. 19, 2016
Conservatorship of Jesse G.
Conservatorship over man who was strongly aware of his mental health issues overturned where friend's commitment could help him survive safely without involuntary detention.
Conservatorship Jun. 26, 2016
Conservatorship of Bower
In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse.
Conservatorship May 23, 2016
Conservatorship of Bower
In conservatorship case, order dividing married couple's community property overturned where probate court erroneously equated professional fees with support and maintenance of conservatee spouse.
Conservatorship May 18, 2016
Conservatorship of Heather W.
Trial court improperly appoints public guardian as conservator where court failed to advise conservatee of right to jury trial.
Conservatorship Mar. 3, 2016
Conservatorship of Kevin A.
Counsel's waiver of proposed conservatee's right to jury trial over client's objection constitutes denial of statutory right, warranting automatic reversal.
Conservatorship Oct. 5, 2015