Forensic psychiatry & mental health law

Psychiatry & Law Radar

Mon 31 AugCASE

Headlines are the editor's. Summaries are machine-written and staff reviewed. Nothing here is legal or clinical advice.

Staff reviewed

CONSERVATORSHIP OF K.L.

— STAFF
In the absence of substantial evidence that a proposed conservatee lacks capacity to waive jury or that counsel or the trial court advised them of their jury trial right, we hold that a written citation simply informing a proposed conservatee of their right to a jury trial is inadequate to waive jury.

Cal. Ct. App. · reversed

Whether a written citation alone, with no advisement by court or counsel, suffices for a knowing jury waiver in an LPS conservatorship.

https://www.courtlistener.com/opinion/10957702/conservatorship-of-kl/