Conservatorship of the Estate of Brown v. Kevin A.
240 Cal. App. 4th 1241
| Cal. Ct. App. | 2015Background
- Conservatorship over Kevin A. originated in 2006 and mostly remained in place until a 2013 jury found him not gravely disabled and terminated the conservatorship.
- In Aug 2014 the Public Conservator petitioned to reappoint conservatorship over Kevin A. for his person and estate under section 5361, asserting continued grave disability.
- Two physicians opined Kevin A. was gravely disabled; Dr. Chagi and Dr. Engers recommended prohibiting firearms, restricting contracts, and limiting treatment decisions due to grave disability.
- Testimony at trial included Dr. Manuel (psychiatry), social worker Chang, Deputy Andrade, and Kevin A., who testified about autism/Asperger’s and plans for independence.
- The court granted reappointment for 2014–2015, detaining Kevin A. at Marie Green Psychiatric Center and imposing rights limitations (no driver’s license, no contract over $50, consent to treatment limitations, and no firearm).
- The Marsden hearing led to an attorney-won waiver of Kevin A.’s right to jury trial over his express wish for a jury trial; Blackburn and Tran (Aug. 2015) require personal waiver or capacity-based control by counsel, leading to reversal of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by accepting a waiver of jury trial over Kevin A.’s objection. | Kevin A. argues counsel cannot waive his statutory jury-right over his explicit objection. | Public Conservator contends counsel may waive the client’s statutory right to jury trial. | Yes; error requiring automatic reversal per Blackburn/Tran. |
Key Cases Cited
- People v. Blackburn, 61 Cal.4th 1113 (Cal. 2015) (requires personal waiver of jury right or capacity-based waiver by defendant; automatic reversal when denied)
- People v. Tran, 61 Cal.4th 1160 (Cal. 2015) (similar requirement for NGI commitment; uses capacity-based control by counsel; automatic reversal when denied)
- Conservatorship of Maldonado, 173 Cal.App.3d 144 (Cal. App. 1985) (counsel may waive jury trial; facts distinguishable from this case)
- Conservatorship of Mary K., 234 Cal.App.3d 265 (Cal. App. 1991) (court recognized counseling vs. conservatee’s express wishes; distinguishable facts)
- Conservatorship of John L., 48 Cal.4th 131 (Cal. 2010) (discusses due process in conservatorship proceedings; relevance to rights queried)
- People v. Masterson, 8 Cal.4th 965 (Cal. 1994) (distinguishes competency proceedings and level of attorney control; not controlling here)