Ruling on Conservatorship Under the Lanterman-Petris-Short Act
In Conservatorship of John L., No. S157151, the Supreme Court of California dealt with whether the trial court committed any statutory or due process violation in granting a petition to appoint a public conservator under the Lanterman-Petris-Short Act (LPS Act).
In upholding the decision of the trial court, the Supreme Court held that the LPS was not violated when it excused the conservatee's production and proceeded with the hearing without his attendance.
Furthermore, the conservatee's due process rights were not violated in establishing the conservatorship in the individual's absence, consistent with decisions in civil proceedings, that even where certain rights are implicated are substantial, they can be waived by an attorney with the client's express consent.