Conservatorship and Estate of James V.
Appellant, James V., challenges the order reappointing respondent, the Kings County Public Guardian (Public Guardian), as his conservator under the Lanterman-Petris-Short (LPS) Act. (Welf. & Inst. Code,[1] § 5000 et seq.) Appellant contends the trial court erred in setting the matter for a court trial based on counsel’s representation rather than obtaining an on-the-record personal waiver of the right to a jury trial from appellant or finding that appellant lacked the capacity to make a jury waiver. Appellant further argues he was prejudiced at trial by case-specific, and therefore inadmissible, hearsay statements made by the Public Guardian’s expert witness.
We conclude the trial court erred in not obtaining appellant’s on-the-record personal waiver of a jury trial and that this error requires reversal. Accordingly, we will not address appellant’s other contention.
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