Conservatorship of C.O.
The court held that, in California probate conservatorship proceedings, a conservatee's waiver of the right to a jury trial may be inferred from the written citation and counsel's advisement and therefore a personal, on-the-record waiver is not required, so the trial court's failure to personally inform C.O. of that right constitutes harmless error that does not warrant reversal.
Date Filed: November 18, 2021
Case Name: Conservatorship of C.O.
Case Number: H047087
Court: California Court of Appeal, Sixth Appellate District
(‘The court decides whether a Lanterman‑Petris‑Short conservatorship trial must include a personal, on‑the‑record waiver of the conservatee’s right to a jury trial. It holds that the statutory waiver can be inferred from the written citation and counsel’s advisement, so the trial court’s failure to personally inform C.O. of the jury‑trial right is a harmless error that does not require reversal. This ruling clarifies that, in California probate conservatorship proceedings, a personal waiver is not required and procedural missteps in advising of the jury‑trial right will not automatically invalidate the judgment.’, ‘95904afb’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.