Recent California Court of Appeals Decision holds that Probate Conservatorship does not require an individual to personally waive right to jury trial when represented by counsel

In the case of the conservatorship of the person of B.C. (Ventura County), the 2nd District Court of Appeals determined that it was harmless error when the judge failed to advise the individual subject to the conservatorship proceedings of her right to a jury trial because the individual was represented by counsel.  The Court also distinguished Probate Conservatorships from LPS Conservatorships.  The Court stated that unlike LPS conservatorships where involuntary confinement can occur; Probate Conservatorships are different in that regard.  Furthermore, the Court of Appeals stated that a citation was issued and served on the individual subject to the conservatorship proceedings advising her of her right to a jury trial.  The Court of Appeals found that the individual did not contest that the citation was not properly issued or served.  In fact, the individual responded to it by filing opposition papers.  The Court of Appeals concluded that probate conservatorship proceedings are conducted under the law and procedure relating to civil actions, and, that such include trial by jury if demanded by the proposed conservatee.  The Court of Appeals found that neither the individual subject to the proceedings nor her appointed counsel demanded a jury.