Conservatorship of K.P.
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The Supreme Court held that capacity or willingness to accept treatment is a relevant factor to be considered on the issue of grave disability but is not a separate element that must be proven to establish a conservatorship.
Under the Lanterman-Petris-Short Act, Cal. Welf. & Inst. Code 5000 et seq., those subject to a conservatorship petition are entitled to a court or jury trial to decide if they are "gravely disabled." At issue was whether the trier of fact must additionally find that the individual is unwilling or unable to accept treatment voluntarily. The jury in this case found that K.P. was gravely disabled and granted a petition to renew K.P.'s conservatorship. The court of appeal affirmed. On appeal, K.P. claimed that a finding of unwillingness or inability to accept voluntary treatment was required for a conservatorship to be established. The Supreme Court affirmed, holding that inability or unwillingness to accept voluntary treatment need not be separately proven at trial.
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