Can You Demand a Jury Trial After an LPS Conservatorship Hearing in California? What K.R. v. Superior Court Means for Your Rights

Can You Demand a Jury Trial After an LPS Conservatorship Hearing in California? What K.R. v. Superior Court Means for Your Rights

If you or a loved one is facing an LPS conservatorship in California, understanding your right to a jury trial is critical. A recent appellate decision clarified when and how proposed conservatees can demand a trial—and what happens when courts fail to protect these rights.

Who This Article Is For

This information is essential for:

California residents or families managing California-based assets who are navigating LPS conservatorship proceedings

Anyone concerned about protecting their rights or the rights of a loved one during mental health conservatorship proceedings

Individuals seeking transparency and family protection during complex probate and conservatorship processes

What Is an LPS Conservatorship?

An LPS (Lanterman-Petris-Short) conservatorship is a legal arrangement in California designed for adults who are gravely disabled due to mental illness and cannot provide for their basic needs. Unlike general probate conservatorships, LPS conservatorships specifically address mental health crises and involve strict procedural protections—including the right to a jury trial.

The Key Legal Question: When Can You Demand a Jury Trial?

Under California law, proposed conservatees have specific rights during LPS conservatorship proceedings. But what happens if the court holds a hearing without informing you of your right to a jury trial? Can you still demand one afterward?

The case of K.R. v. Superior Court of Napa County (Public Conservator)answered this question definitively.

What Happened in K.R. v. Superior Court?

After several continuances, an evidentiary hearing was held on K.R.’s LPS conservatorship petition, and a conservatorship was established. The probate court never advised K.R. of her right to a jury trial. At the conclusion of the hearing—after the probate court announced its decision—K.R. demanded a jury trial. The probate court denied her demand, and K.R. petitioned for a writ of mandate.

The Appellate Court’s Ruling: Your Rights Are Protected

The California Court of Appeal, First District, Division Three, granted K.R.’s petition and remanded the case for trial. The court made several critical findings:

Hearings and trials are procedurally distinct: The statutory framework requires LPS conservatorship petitions to proceed to a hearing first, unless the proposed conservatee demands trial beforehand

You have five days after the hearing to demand a trial: Conservatees have five days from the completed statutory hearing to demand either a court trial or jury trial

Continuances are not hearings: A continuance cannot be considered a completed hearing for purposes of triggering the trial demand deadline

Participation doesn’t forfeit your rights: K.R.’s participation in the statutory hearing—which included witness testimony, exhibits, and argument—did not forfeit her right to trial, and she never knowingly waived her rights

The appellate court held that K.R.’s demand for a jury trial was timely, and the probate court’s denial amounted to a complete denial of her constitutional right to a jury trial. This was not harmless error.

Why This Matters for California Families

This ruling protects the fundamental rights of proposed conservatees in several important ways:

Courts must inform you of your jury trial rights: Failure to do so doesn’t mean you lose those rights

You have time to make informed decisions: The five-day window after a completed hearing gives you time to consult with legal counsel

Procedural protections matter: Courts cannot blur the distinction between hearings and trials to deprive you of your rights

Real-World Application: What Should You Do?

If you or a loved one is facing an LPS conservatorship petition in California:

Understand that you have the right to demand a jury trial

Know that this right extends for five days after the statutory hearing concludes

Don’t assume that participating in a hearing means you’ve waived your trial rights

Seek experienced legal counsel who understands conservatorship law and can protect your rights

Case Details

Case Citation: A164821

Filed: June 22, 2022

Court: California Court of Appeal, First District, Division Three

Access the Full Opinion

For legal professionals and those seeking detailed analysis, the full opinion is available through the California Lawyers Association and the First District Court of Appeal.

How California Probate and Trust, PC Can Help

Navigating conservatorship proceedings—whether LPS or general probate conservatorships—requires experienced legal guidance. At California Probate and Trust, PC, our certified estate planning specialists understand the complexities of California conservatorship law and are committed to protecting your rights and your family’s interests.

We serve California residents from our offices in Fair Oaks, Sacramento, and San Francisco, offering:

Free initial consultations to assess your situation

Transparent legal guidance through complex conservatorship proceedings

Comprehensive estate planning services to help you avoid conservatorship situations

Compassionate representation that prioritizes family protection

Whether you’re facing a conservatorship proceeding now or want to create an estate plan that protects your autonomy in the future, our experienced attorneys provide the one-stop-shop legal and financial management guidance you need.

Schedule Your Free Consultation Today

Don’t navigate the complexities of California conservatorship law alone. Contact California Probate and Trust, PC today for a free, no-obligation consultation. Call (866) 674-1130 or visit cpt.law to schedule your appointment and gain confidence and control over your future.