Does the burden of proof under the LPS Act change back to the County on a motion for a rehearing?

California, United States of America


The following excerpt is from Conservatorship of Scharles, 233 Cal.App.3d 1334, 285 Cal.Rptr. 325 (Cal. App. 1991):

8 In light of our holding, we do not address Scharles's contention, unsupported by legal precedent or in depth legal analysis, the denial of her request for an independent examination shifts the burden of proof back to the County on her motion for rehearing. Had the trial court properly exercised its discretion in ruling upon her request, no cause would exist for the relief Scharles requests regardless of its ruling. The LPS Act, as well as constitutional considerations, require the petitioner for establishment or reestablishment of a conservatorship bear the burden of proving beyond a reasonable doubt the prospective conservatee is gravely disabled. (Conservatorship of Roulet (1979) 23 Cal.3d 219, 152 Cal.Rptr. 425, 590 P.2d 1.) However, at the optional rehearing, the conservatee carries the burden of producing evidence and proving by a preponderance of that evidence she is no longer gravely disabled. (Conservatorship of Everette M., supra, 219 Cal.App.3d at p. 1572, 269 Cal.Rptr. 182; Baber v. Superior Court, supra, 113 Cal.App.3d at pp. 965-966, 170 Cal.Rptr. 353.) Scharles fails to show how the statutory process regarding the burden of proof is deficient.

Other Questions


What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the burden of proof for a motion for nonsuit on the ground of contributory negligence? (California, United States of America)
What is the burden of proof on a sanctions motion? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
What is the burden of persuasion for a motion to change custody based on a parent's relocation? (California, United States of America)
Does the burden of proof change when it comes to "human affairs and human interaction"? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.