Conservatorship of the Person of BK

Cite as B343506
Filed January 28, 2026
Second District, Div. Four

By Kimberly Duggan
Duggan Law PC
KDuggan@dugganlawpc.com

Headnote:  LPS Conservatorships – Jury Trial Waiver by Counsel

Summary:  In LPS conservatorship proceedings, counsel may validly waive a conservatee’s jury trial right absent evidence that the conservatee was unaware of the right, that counsel acted without authority, or that the waiver contradicted the conservatee’s expressed wishes.

BK, who suffers from schizophrenia, had been under an LPS conservatorship since 2019. When her conservator petitioned for reappointment in 2024, BK repeatedly demanded a jury trial. At a subsequent hearing, however, BK’s counsel informed the court that she had consulted with BK and that BK elected to proceed with a court trial. BK personally confirmed that choice on the record, and after a bench trial – which BK participated in fully without objection – the court found she remained gravely disabled and renewed the conservatorship.

On appeal, BK argued the trial court either (a) needed to properly advise BK regarding the nature of the jury trial right and obtain a personal waiver, or (b) make a finding of incapacity, which would allow counsel to waive a jury trial. The appellate court affirmed the trial court, holding that under the LPS Act a jury trial is not the default mechanism, and, while trial courts must advise proposed conservatees of their jury trial rights, advisement of the nature of a jury trial is not required. Based on the totality of the circumstances, the court concluded BK’s waiver was knowing and intelligent, and any alleged error was harmless.