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Conservatorship of A.E.

The court held that, under California Probate Code § 1825, a probate court may not appoint a conservator of the person unless the proposed conservatee is physically present at the hearing or the court makes a specific finding that the conservatee is medically unable or unwilling to attend, and that such statutory due-process protections cannot be waived by a parent even.

Case Brief Full Opinion

Date Filed: February 18, 2020
Case Name: Conservatorship of A.E.
Case Number: B297092
Court: California Court of Appeal, Second Appellate District, Division Six

(‘The Court holds that a probate court may not appoint a conservator of the person unless Probate Code §\u202f1825 is satisfied—that is, the proposed conservatee must be produced at the hearing or the court must make a specific finding that the conservatee is medically unable or unwilling to attend; a parent cannot waive those statutory due‑process protections even for an adult with autism. By reversing the trial court’s appointment of the public guardian and remanding for compliance with §\u202f1825, the decision underscores that adults with “special‑needs” disabilities retain full procedural rights in conservatorship proceedings, reinforcing due‑process safeguards in California probate law.’, ‘44c397e8’)


This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.

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