K.R. v. Superior Court of Napa County (Public Conservator)

Private Wealth Services attorney Jaime Herren published a summary of the case K.R. v. Superior Court of Napa County (Public Conservator) for the California Lawyers Association Trusts and Estates Section. The case concerned LPS conservatorship petition hearings and the right of a proposed conservatee to demand a trial. Under California law, LPS conservatorship petitions must proceed to a hearing, but a proposed conservatee can waive the hearing and demand a trial — both before the hearing takes place and up to five days after it concludes. In this case, the appellate court determined that the proposed conservatee made a timely demand for a jury trial, finding that "hearings" and "trials" are procedurally distinct under the statute.

READ: K.R. v. Superior Court of Napa County (Public Conservator)