A Conservatee is Allowed to Re-established a Conservatorship without a Formal Hearing
The Fourth District Court of Appeal heard a case regarding a conservatee's due process rights, finding that such rights were not violated when a court reestablished a conservatorship after the conservatee waived her right to a formal hearing. (Conservatorship of Deidre B. (2010) 180 Cal.App.4th 1306)
The public conservator filed a petition to reestablish a conservatorship and the conservatee's attorney filed a stipulation stating that the conservatee consented and waived her right to a formal hearing. However, the public defender who appeared on behalf of the conservatee questioned the capacity of the conservatee to give consent. The Appellate Court agreed with the trial court that the conservatee's due process rights were not violated when the Court accepted her attorney's sworn stipulation. If you live in the Los Angeles area and have questions about an existing conservatorship or would like to petition for conservatorship, you should consult with an experienced Los Angeles probate lawyer.