Conservatorship of the Person and Estate of S.M. CA5

Filed 3/11/25 Conservatorship of the Person and Estate of S.M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

CONSERVATORSHIP OF THE PERSON AND ESTATE OF S.M.

STANISLAUS COUNTY PUBLIC F088145 GUARDIAN, (Super. Ct. No. MH-22-000413) Petitioner and Respondent,

v. OPINION S.M.,

Objector and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Marcus L. Mumford, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Objector and Appellant. Thomas Boze, County Counsel, and Jesus Mendoza, Deputy County Counsel, for Petitioner and Respondent. -ooOoo-

* Before Peña, Acting P. J., Meehan, J. and Snauffer, J.

This appeal involves a proceeding under the Lanterman-Petris-Short Act (LPS Act) (Welf. & Inst. Code, § 5000 et seq.).1 After a court trial, the trial court appointed the respondent Stanislaus County Public Guardian as appellant S.M.’s conservator. On appeal, S.M. contends reversal is required because the court failed to advise her of her right to a jury trial and obtain a personal waiver of that right. We conclude the court’s failure to advise S.M. of her jury trial right was reversible error. BACKGROUND On January 22, 2024, the Stanislaus County conservatorship investigator petitioned to have the Stanislaus County public guardian appointed as temporary conservator of S.M.’s person and estate under the LPS Act. On January 29, 2024, the trial court signed an ex-parte order appointing the public guardian as temporary conservator and issued letters of temporary conservatorship. The letters were to expire on February 23, 2024. On February 23, 2024, the court signed an order continuing the temporary conservatorship to May 17, 2024, and amended letters were issued that same day. A minute order from February 23, 2024, reflects the extension of the temporary conservatorship and also states that the matter is continued to May 17, 2024, for “LPS Conservatorship.” A court trial was held on May 17, 2024, at which S.M. was present and represented by her counsel. The court began the hearing by confirming S.M.’s identity and the appearances of counsel and the witnesses. The court asked if both sides were ready to proceed, and both counsel confirmed that they were. The parties stipulated to the foundation for medical records and the investigator’s report, and also stipulated that the clinical psychologist who was to testify for the public guardian was an expert in forensic psychology. The court accepted the stipulations and admitted the evidence. No one mentioned S.M.’s right to a jury trial.