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Conservatorship of Eric B.: What California Families Need to Know About Testifying Rights in LPS Conservatorship Case

LPS conservatees are similarly situated to persons found not guilty by reason of insanity for purposes of the right against compelled testimony.

Eric was diagnosed with schizophrenia, unable or unwilling to accept treatment voluntarily, and unable to meet his needs for food and clothing without support. Eric was compelled to testify over his objection at the trial on the public guardian’s LPS conservatorship petition. The public guardian called two other witnesses, a psychiatrist who had evaluated Eric, and a therapist that served as Eric’s case manager, both of whom testified that Eric was unable to care for himself or manage his own financial resources. After a jury trial, Eric was found to be gravely disabled, and placed under an LPS conservatorship. Eric challenged the order on appeal, and the appellate court held that LPS conservatees are similarly situated to persons found not guilty by reason of insanity (NGIs) for the purpose of the right against compelled testimony, but that the trial court’s error was harmless.

The California Supreme Court affirmed. LPS conservatees are similarly situated to NGIs, who are not compelled to testify against themselves, so equal protection principles require the government to justify its disparate treatment of LPS conservatees. Both groups risk the potential loss of liberty by being subject to physical confinement and the loss of many personal rights (the rights to drive, vote, enter contracts, and make decisions about treatment). Both also share the goal of treatment, not punishment. The fact that LPS conservatees can be committed involuntarily for an indefinite period of time through the filing of successive petitions, resulting in deprived civil liberties, makes them similarly situated to NGIs. Nonetheless, no one challenged the appellate court’s conclusion that the trial court’s error in compelling Eric’s testimony was harmless because two other witnesses familiar with Eric provided testimony sufficient for the court to find that Eric was unable to care for himself due to mental illness. Thus, because the error was harmless, the question of whether the government can justify its differential treatment of LPS conservatees with regard to the testimonial privilege—as well as the question of what level of scrutiny applies—must await a decision in another case.

Case Details:

  • Cite as: S261812
  • Filed: April 28, 2022
  • Court: California Supreme Court
  • Author: Golnaz Yazdchi, Sheppard Mullin Richter & Hampton LLP
  • Headnote: LPS Conservatorships – Compelling Testimony of Proposed Conservatee
  • Source: California Lawyers Association – Conservatorship of Eric B.

    Full Opinion: California Supreme Court Opinion PDF

    Conservatorship of Eric B.: What California Families Need to Know About Testifying Rights in LPS Conservatorship Cases

    If you’re a California resident navigating the conservatorship process for a loved one with mental illness, you may be wondering: Can someone be forced to testify against themselves in an LPS conservatorship hearing? A landmark 2022 California Supreme Court case provides critical guidance on this question—and what it means for protecting your family member’s rights.

    Who This Information Is For

    This article is essential reading if you are:

  • A family member seeking an LPS conservatorship for someone with severe mental illness who cannot care for themselves
  • A California resident concerned about the legal rights of conservatees during court proceedings
  • Someone managing legal matters for a loved one who is gravely disabled due to mental health challenges
  • Anyone who values transparency in the conservatorship process and wants to understand how California law protects (or doesn’t protect) testifying rights
  • The Case: Conservatorship of Eric B.

    In April 2022, the California Supreme Court decided a case that clarified important rights for people facing LPS (Lanterman-Petris-Short Act) conservatorship. The case involved Eric, a man diagnosed with schizophrenia who was unable or unwilling to accept treatment and could not meet his basic needs for food and clothing without support.

    During Eric’s conservatorship trial, he was compelled to testify over his objection. The public guardian also called two other witnesses—a psychiatrist and a therapist—who both testified that Eric could not care for himself or manage his finances. A jury found Eric gravely disabled and placed him under an LPS conservatorship.

    The Legal Question: Can LPS Conservatees Be Forced to Testify?

    Eric challenged the conservatorship order, arguing that forcing him to testify violated his rights. The key legal issue was whether LPS conservatees should have the same protection against compelled testimony as persons found not guilty by reason of insanity (NGIs).

    What the California Supreme Court Decided

    The Court ruled that LPS conservatees and NGIs are similarly situated when it comes to testifying rights. Here’s why this matters:

  • Both groups face loss of liberty: LPS conservatees can lose the right to drive, vote, enter contracts, and make treatment decisions—just like NGIs who may be physically confined
  • Both focus on treatment, not punishment: The goal in both situations is mental health treatment and support
  • Indefinite commitment is possible: LPS conservatees can be committed involuntarily for extended periods through successive petitions, significantly impacting their civil liberties
  • Because of these similarities, the Court held that equal protection principles require the government to justify treating LPS conservatees differently than NGIs regarding the right against compelled testimony.

    The Practical Impact: What This Means for Your Family

    While the Court established this important principle, it also found that the error in Eric’s case was “harmless” because two other witnesses provided sufficient testimony to support the conservatorship finding. This meant the Court didn’t need to decide what level of scrutiny applies or whether the government can justify the different treatment.

    Key Takeaways for California Families:

  • LPS conservatees should have similar protections against forced testimony as other individuals facing loss of liberty
  • Courts must consider equal protection principles when compelling testimony in conservatorship cases
  • However, if other witnesses provide sufficient evidence, forcing testimony may be considered a harmless error
  • The full legal standard for these cases is still developing and may be clarified in future court decisions
  • Real-World Application: Questions This Case Answers

    If you’re considering an LPS conservatorship for a family member, this case helps answer:

  • “What rights does my loved one have during the conservatorship hearing?”
  • “Can the court force them to testify if they don’t want to?”
  • “How can I ensure the process respects their dignity while still getting the care they need?”
  • Case Details

  • Case Number: S261812
  • Date Filed: April 28, 2022
  • Court: California Supreme Court
  • Legal Topic: LPS Conservatorships – Compelling Testimony of Proposed Conservatee
  • Additional Resources

    Read the full case summary from the California Lawyers Association

    View the complete California Supreme Court opinion (PDF)

    How California Probate and Trust Can Help

    Conservatorship proceedings are complex, emotionally challenging, and require careful navigation of California law to protect both your loved one’s rights and their wellbeing. At California Probate and Trust, PC, our experienced attorneys understand the anxiety California families face when dealing with mental health conservatorships.

    We provide:

  • Free consultations to assess your situation and explain your options
  • Clear guidance through LPS conservatorship procedures
  • Compassionate representation that respects your family member’s dignity while ensuring they receive necessary care
  • Transparent pricing so you know what to expect throughout the process
  • Whether you’re just beginning to consider conservatorship or are already in the middle of proceedings, our Sacramento-based team has helped thousands of California families protect their loved ones.

    Schedule your free consultation today by calling (866) 674-1130 or visiting cpt.law.

    This article is for informational purposes only and does not constitute legal advice. Conservatorship law is complex and fact-specific. For guidance on your particular situation, please consult with a qualified California attorney.