Understanding LPS Conservatorship Jury Trial Deadlines: What California Families Need to Know About Conservatorship of M.M.

# Understanding LPS Conservatorship Jury Trial Deadlines: What California Families Need to Know About Conservatorship of M.M.

## Can Missing a Conservatorship Jury Trial Deadline Terminate the Case?

If you’re a California resident navigating the conservatorship process for a loved one with mental health challenges, you may be wondering: what happens if a jury trial doesn’t start within the statutory deadline? The California Court of Appeal’s decision in Conservatorship of M.M. provides critical clarity for families and conservators across the state.

### Key Takeaway: LPS Act Jury Trial Deadlines Are Not Mandatory

The court ruled that statutory time limits for jury trials in LPS (Lanterman-Petris-Short Act) conservatorships are directory, not mandatory. This means that even if a trial starts beyond the 25-day statutory window, the conservatorship does not automatically terminate or expire early.

## Who This Ruling Affects

This decision is essential for:

California families seeking conservatorships for loved ones with severe mental illness who refuse treatment

Public Guardians and conservators managing LPS conservatorship proceedings

Estate planning and probate attorneys advising clients on conservatorship timelines and procedural rights

Proposed conservatees and their legal counsel concerned about trial scheduling and procedural protections

## The Facts: What Happened in Conservatorship of M.M.

M.M. was diagnosed with schizophrenia and psychotic disorders and was unwilling to accept psychiatric treatment or voluntary medications. The Public Guardian initiated LPS conservatorship proceedings and was appointed as temporary conservator.

On August 16, 2018, M.M. demanded a jury trial. Under the LPS Act, trials must commence no later than 25 days after such a demand. However, due to:

M.M.’s counsel’s scheduling conflicts and requested continuance

M.M.’s request for a court-appointed expert evaluation

Judge unavailability

The trial did not begin until 61 days after the jury demand—36 days beyond the statutory deadline.

M.M. did not object to the delay at trial. The jury ultimately found M.M. gravely disabled, and the court granted the conservatorship for approximately one year.

## M.M.’s Appeal: Can a Late Trial End the Conservatorship Early?

M.M. appealed, arguing solely that the court violated his right to a jury trial within 25 days of his demand. He sought termination of the conservatorship 36 days earlier than the court ordered.

### The Court’s Decision

The California Court of Appeal affirmed the conservatorship. The court held that:

M.M. forfeited his objection by failing to raise it in the lower court

Most continuances were requested by M.M.’s own counsel, and his attorney agreed to the later trial date based on the judge’s availability

The LPS Act’s jury trial deadlines are directory, not mandatory, meaning that missing the deadline does not provide grounds to terminate the conservatorship earlier than it would otherwise expire

## What Does “Directory” vs. “Mandatory” Mean for California Conservatorships?

Understanding this distinction is crucial for families and attorneys:

Mandatory deadlines: If missed, they automatically invalidate the proceeding or result in dismissal

Directory deadlines: These are guidelines meant to encourage timely action, but missing them does not automatically void the case

In Conservatorship of M.M., the appellate court confirmed that LPS Act trial timing provisions fall into the latter category. This provides procedural flexibility when legitimate scheduling conflicts arise—especially when delays are caused by the proposed conservatee’s own requests or counsel’s availability.

## Practical Implications for California Families Facing Conservatorship

### For Families Seeking Conservatorship:

Don’t panic if trial scheduling extends beyond 25 days due to legitimate reasons like expert evaluations or attorney availability

The conservatorship will not automatically terminate early due to trial delays

Work closely with the Public Guardian or your probate attorney to ensure all procedural steps are properly documented

### For Proposed Conservatees and Their Counsel:

If you believe a trial delay violates your rights, you must object in the trial court or risk forfeiting the issue on appeal

Be strategic about continuance requests—they may extend timelines without providing grounds for dismissal later

### For Probate and Estate Planning Attorneys:

Advise clients that LPS conservatorship trial deadlines are flexible under California law

Document all reasons for continuances, especially those requested by the proposed conservatee

Ensure objections to procedural delays are raised contemporaneously to preserve appellate rights

## Why This Case Matters for Estate Planning and Family Protection

Conservatorships are often an emotionally difficult but necessary step to protect loved ones who cannot care for themselves due to severe mental illness. The Conservatorship of M.M. ruling provides reassurance that procedural technicalities—particularly those caused by the conservatee’s own requests—will not undermine legitimate protections.

For California residents managing family estates or planning for incapacity, understanding conservatorship procedures is essential. This case demonstrates the courts’ commitment to balancing procedural rights with the practical realities of complex legal proceedings.

## Case Details

Case Name: Conservatorship of M.M.

Case Number: B293676

Court: California Court of Appeal, Second District

Filed: August 29, 2019

Author: Golnaz Yazdchi, Sheppard Mullin Richter & Hampton LLP

Legal Issues: LPS Conservatorships, Statutory Time Limitations for Jury Trials, Waiver

Source: California Lawyers Association – Conservatorship of M.M.

Full Opinion: Second District Opinion PDF

## Get Expert Guidance on California Conservatorships and Estate Planning

Navigating conservatorships, probate, and estate planning in California requires experienced legal counsel who understands both the law and the emotional weight these decisions carry.

At California Probate and Trust, PC, we provide compassionate, transparent guidance for California residents and families managing complex conservatorship proceedings and estate plans. Whether you’re facing conservatorship now or planning ahead to protect your loved ones, our team offers personalized solutions tailored to your family’s unique needs.

Schedule your FREE consultation today at cpt.law to discuss your conservatorship, probate, or estate planning questions with our experienced Sacramento-based attorneys.