Kevin A. appealed from an order granting the petition of the public conservator to reestablish LPS conservatorship for a one-year period, finding him gravely disabled. Although Kevin A. had previously remained in conservatorship for a number of years, a jury in 2013 found him not gravely disabled, terminating the conservatorship. Following a hearing in which Kevin A.’s apparent request to replace his attorney was denied, Kevin A.’s attorney waived a jury trial over Kevin A’s objection.
The court of appeal reversed. A proposed conservatee must waive the right to a jury, and in accepting the attorney’s waiver over Kevin A.’s express objection, the court made no specific finding that Kevin A. lacked capacity to decide for himself whether to proceed before a jury. The case is distinguishable from precedent where counsel’s waiver of a jury was upheld, because the proposed conservatee there, unlike Kevin A., expressed on the record a desire for a court trial.