The Supreme Court Rules on an LPS Conservatorship
The California Supreme Court heard a case where a public conservator filed a petition for conservatorship under the Lanterman-Petris-Short Act and stated that the conservatee would not attend the hearing or object. However, the conservatee did object to the conservatorship and appealed arguing that his due process rights were violated since he was not at the hearing.
The Supreme Court affirmed the trial courts ruling issuing the conservatorship and finding that no due process rights were violating. The ruling was based in part on the procedure for establishing an LPS conservatorship (for mental health). The Court found that the conservatee was properly served with notice fifteen days prior to the hearing. Additionally, there was no evidence that the attorney misrepresented the conservatee's desires at the hearing. The court held that the conservatee's attorney, with his express consent, waived his right to attend the hearing and found there were no due process violations.
If you live in the Los Angeles area and are considering setting up a conservatorship you should consult with an experienced Los Angeles Probate Attorney.