LPS Conservatee’s appeal of denial of right to jury trial deemed untimely and substantial evidence supported order for involuntary medication.
In August 2017, the Los Angeles Public Guardian petitioned for an LPS conservatorship over the person and estate of D.C. Supporting declarations by physicians stated that D.C. had been diagnosed with schizophrenia and was unable to accept voluntary treatment or provide for her personal needs for food, clothing, and shelter. At the first hearing, D.C. was present in court, and her counsel represented that D.C. would submit on the petition. The court found that D.C. was gravely disabled as a result of a mental disorder and had waived her right to a jury trial. In an October 4, 2017 Order the court granted the petition and appointed the Public Guardian. The court also imposed legal disabilities against D.C.’s right to operate a motor vehicle, to possess a firearm, to choose or refuse medical treatment, and to contract. In January 2018, D.C. filed a demand for a jury trial and petitioned for rehearing. The Court denied rehearing. Following the jury trial, on April 25, 2018, the court ordered D.C. to remain in a conservatorship and maintained all prior orders in effect. D.C. appealed.
The court of appeal affirmed. D.C.’s failure to timely appeal the October 4, 2017 order rendered the denial of a timely jury trial in the first proceeding unreviewable, and that Order could not be reviewed on the subsequent appeal because the first order was independently reviewable. Further, both the October 2017 and April 2018 orders for involuntary medication were supported by substantial evidence because of ample evidence that D.C. lacked insight about her mental condition, was unable to voluntarily accept meaningful treatment, and required medications to treat her schizophrenia. However, the court recommended that in future proceedings trial courts should make specific findings supporting involuntary medication orders, or other orders imposing disabilities on conservatees.
Case Details:
Source: California Lawyers Association – Conservatorship of D.C.
Full Opinion: Second District Opinion PDF
Understanding LPS Conservatorships in California: What the Conservatorship of D.C. Case Means for Your Rights
If you’re a California resident dealing with a loved one’s mental health crisis, navigating involuntary conservatorship, or managing assets for someone unable to care for themselves, understanding your legal rights is critical. The Conservatorship of D.C. case from California’s Second District Court of Appeal provides essential insights into LPS conservatorships, jury trial rights, and involuntary medication orders—issues that directly impact families facing these challenging situations.
Who This Article Is For
This article is designed for:
What Is an LPS Conservatorship?
An LPS conservatorship is a legal mechanism in California that allows a court to appoint a conservator for individuals who are “gravely disabled” due to a mental disorder. This means the person cannot provide for their basic needs—food, clothing, or shelter—or cannot accept treatment voluntarily.
The term “LPS” comes from the Lanterman-Petris-Short Act, California’s landmark mental health law that balances protecting vulnerable individuals with preserving their civil rights.
Key Questions This Case Answers
Can I appeal if I missed the deadline for requesting a jury trial in an LPS conservatorship?
In the Conservatorship of D.C. case, the conservatee failed to timely appeal the October 4, 2017 order that denied her jury trial rights. The appellate court ruled that this failure made the denial unreviewable in later proceedings.This highlights a critical procedural point: timing matters in conservatorship appeals. If you believe your rights were violated, you must act quickly within the legal deadlines.
What evidence supports involuntary medication orders?
The court affirmed that involuntary medication orders must be supported by substantial evidence. In D.C.’s case, medical declarations showed she was diagnosed with schizophrenia, lacked insight into her condition, was unable to voluntarily accept treatment, and required medication to address her mental disorder.
The court found this evidence sufficient to justify both the October 2017 and April 2018 involuntary medication orders.
What legal disabilities can be imposed in LPS conservatorships?
When the court appointed the Public Guardian as conservator, it imposed several legal disabilities on D.C., including restrictions on her ability to:
These restrictions are significant and affect fundamental rights, which is why proper legal representation and understanding procedural timelines is essential.
What the Court Recommended for Future Cases
Importantly, the appellate court made a forward-looking recommendation: trial courts should provide specific findings when issuing involuntary medication orders or imposing legal disabilities on conservatees.This recommendation aims to improve transparency and ensure that conservatees and their families understand the basis for these serious restrictions.
Case Background: Timeline of Events
Why This Matters for California Families
LPS conservatorship cases involve some of the most vulnerable individuals in our society. Understanding procedural rights—like when to request a jury trial and how to appeal—can mean the difference between protecting someone’s autonomy and unnecessarily restricting their freedoms.
For families navigating these complex proceedings, having experienced legal counsel is not just helpful—it’s essential. The stakes are high: these cases determine whether someone can make their own medical decisions, manage their own finances, and maintain basic civil liberties.
How California Probate and Trust, PC Can Help
At California Probate and Trust, PC, we understand that conservatorship proceedings are emotionally challenging and legally complex. Our experienced team provides compassionate, transparent guidance for California residents dealing with:
We offer a one-stop-shop approach that addresses both the legal structure and financial management aspects of protecting your family. Whether you’re facing a conservatorship proceeding now or want to create an estate plan that protects your loved ones in the future, we’re here to help.
Take Action: Schedule Your Free Consultation Today
Don’t navigate these complex legal waters alone. Contact California Probate and Trust, PC for a free consultation. We’ll walk you through your options, explain your rights, and develop a personalized strategy to protect you and your family.
Call us at (866) 674-1130 or visit cpt.law to schedule your free estate planning consultation.
Case Details
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