Conservatorship of the Person and Estate of S.M. CA5
F088145
Cal. Ct. App.Mar 11, 2025Background
- The case involves proceedings under the Lanterman-Petris-Short Act (LPS Act) to appoint a conservator for S.M., who was alleged to be gravely disabled due to a mental disorder.
- The Stanislaus County Public Guardian was temporarily appointed as conservator of S.M.'s person and estate, with the conservatorship extended while the matter was pending.
- At the court trial to determine the need for a conservatorship, S.M. was present with counsel, participated fully, and testified about her condition and plans.
- The trial court found S.M. gravely disabled and formally established the conservatorship, terminating on May 16, 2025.
- At no point did the court advise S.M. of her right to a jury trial, nor did it obtain a personal or counseled waiver of that right.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to advise of right to jury trial | S.M.: Court didn’t advise or get waiver | Public Guardian: S.M. forfeited, error was harmless | Court’s failure was reversible error |
| Forfeiture of jury trial error on appeal | No forfeiture; court should address merits | S.M. forfeited by not objecting at trial | Forfeiture doctrine not absolute; address |
| Waiver of right by counsel or implication | No waiver by S.M. or her counsel | Waiver can be inferred from circumstances/counsel actions | No waiver occurred; cannot be inferred |
| Prejudice/harmless error | Complete denial requires automatic reversal | Substantial evidence of implied waiver; error harmless | Error not harmless; reversal required |
Key Cases Cited
- People v. Williams, 17 Cal.4th 148 (Cal. 1998) (describes forfeiture doctrine regarding appellate review of errors not raised in trial court)
- Conservatorship of C.O., 71 Cal.App.5th 894 (Cal. Ct. App. 2021) (discusses advisement and waiver of jury trial rights in LPS conservatorship proceedings)
- Conservatorship of Heather W., 245 Cal.App.4th 378 (Cal. Ct. App. 2016) (requires personal, on-the-record jury trial waiver in LPS proceedings)
- People v. Blackburn, 61 Cal.4th 1113 (Cal. 2015) (failure to obtain valid jury trial waiver in commitment proceedings is a miscarriage of justice)