Recent Case Alert Conservatorship of Kevin A.

Filed October 1, 2015, Fifth District

Cite as F070914

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.

Recent Posts
Search By Tags
No tags yet.
Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square

© 2020 by Ratner & Pinchman, PC.  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.  Please note that the State Bar Ethics Rules require us to disclose that testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.


Ratner & Pinchman, PC serves clients in Southern California, including San Diego County, Orange County, Riverside County and the cities of Chula Vista, Coronado, Del Mar, El Cajon, Encinitas (Cardiff-by-the-Sea, Leucadia, Olivenhain), Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, and Vista.  We are San Diego Elder Law and Medi-Cal Planning Attorneys.