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California Court Ruling Protects Your Right to a Jury Trial in LPS Conservatorships: What Families Need to Know

California Court Ruling Protects Your Right to a Jury Trial in LPS Conservatorships: What Families Need to Know

If you or a loved one is facing a Lanterman-Petris-Short (LPS) conservatorship in California, understanding your legal rights can mean the difference between being heard and being silenced by procedural technicalities. A landmark 2020 ruling from California’s Second District Court of Appeal clarified a critical protection: conservatees have an absolute right to a jury trial—not just for the initial appointment, but for every annual reappointment.

Who This Ruling Protects

This decision directly affects California families navigating the complex and often emotionally overwhelming world of mental health conservatorships. If you’re:

  • A family member of someone who has been deemed gravely disabled due to mental health challenges
  • Currently subject to an LPS conservatorship and facing reappointment
  • Concerned about protecting the legal rights of a vulnerable loved one
  • Working with court-appointed counsel who may have missed procedural deadlines

    • …then this ruling safeguards your fundamental right to have your case heard by a jury of your peers.

    What Happened in the Case of E.B.

    The case involved E.B., a conservatee under an LPS conservatorship in San Luis Obispo County. When E.B. requested a jury trial for the annual reappointment of the conservatorship, the trial court denied the request, and the conservatorship was reappointed through a bench trial (decided by a judge alone).

    E.B.’s counsel appealed this decision, arguing that the denial violated E.B.’s statutory rights.

    The Court’s Decision: Your Rights Cannot Be Forfeited by Technicalities

    The Court of Appeal reversed the lower court’s decision and established several critical protections:

  • The right to a jury trial applies to reappointments: California Probate Code section 5361(b) requires courts to follow the same procedures for reappointments as initial appointments, which includes the right to a jury trial under section 5350(d)(1).
  • Procedural failures don’t eliminate your rights: When court-appointed counsel fails to appear or files late pleadings, this does not constitute an affirmative waiver of the conservatee’s right to a jury trial.
  • Only you (or your counsel through affirmative action) can waive this right: The right to a jury trial cannot be forfeited through procedural defaults or attorney negligence—it can only be waived through clear, affirmative action.

    • Why This Matters for California Families

    LPS conservatorships involve some of the most vulnerable members of our community—individuals who have been determined to be gravely disabled due to mental health conditions. The stakes are extraordinarily high: these proceedings determine who controls a person’s medical decisions, living arrangements, and fundamental freedoms.

    Before this ruling, conservatees could potentially lose their right to a jury trial due to:

  • Attorney errors or missed deadlines
  • Confusion about whether the jury trial right applied to reappointments
  • Procedural technicalities that had nothing to do with the conservatee’s actual wishes

    • The Court of Appeal’s decision in Conservatorship of E.B. closed these loopholes and reinforced that the right to a jury trial is a fundamental protection that cannot be taken away through administrative or procedural failures.

    Real-World Impact: What This Means for Your Case

    If you’re facing an LPS conservatorship reappointment hearing, you now have clear legal precedent establishing that:

  • You have the right to request a jury trial every single year the conservatorship comes up for renewal
  • This right exists even if your previous attorney made procedural mistakes
  • Courts cannot deny your jury trial request based solely on late filings or counsel’s failure to appear
  • The burden is on the court to ensure your rights are protected, not on you to navigate complex procedural requirements perfectly

    • Case Details

  • Case Citation: B292875
  • Filing Date: February 26, 2020
  • Court: California Court of Appeal, Second District, Division Six
  • Legal Issue: LPS Conservatorships – Right to Jury Trial

    • How California Probate & Trust, PC Can Help Protect Your Family’s Rights

    Navigating LPS conservatorships requires experienced legal counsel who understands both the substantive law and the procedural protections available to conservatees. At California Probate & Trust, PC, our Sacramento, Fair Oaks, and San Francisco-based attorneys have helped hundreds of California families protect their loved ones’ rights in conservatorship proceedings.

    We provide:

  • Clear guidance on your rights to jury trials in conservatorship proceedings
  • Experienced representation in LPS conservatorship appointments and reappointments
  • Comprehensive estate planning that can help families avoid conservatorships through advance healthcare directives and powers of attorney
  • Compassionate counsel during emotionally difficult legal processes

    • Our team takes a transparency-first approach, ensuring you understand every step of the legal process and your options for protecting your family’s interests.

    Schedule Your Free Consultation Today

    If you or a loved one is facing an LPS conservatorship proceeding, don’t navigate this complex legal landscape alone. Contact California Probate & Trust, PC for a free consultation to discuss your rights and legal options.

    Call us at (866) 674-1130 or visit cpt.law to schedule your appointment.

    Offices in Sacramento, Fair Oaks, and San Francisco serving families throughout California.

    Additional Resources

  • Read the full court opinion: Second District Opinion PDF
  • Original case summary: California Lawyers Association – Conservatorship of E.B.

    • Legal Disclaimer

    This article is provided for informational purposes only and does not constitute legal advice. The information contained herein is based on California law as it existed at the time of the court decision referenced (February 26, 2020) and may not reflect subsequent changes in law or legal interpretation. Every conservatorship case involves unique facts and circumstances. You should not rely on this article as a substitute for consultation with a qualified California attorney who can evaluate your specific situation. California Probate & Trust, PC does not create an attorney-client relationship through this article, and you should not send confidential information until you have established a formal attorney-client relationship with our firm. Results in prior cases do not guarantee similar outcomes in future matters.