CACI No. 4004. Issues Not to Be Considered

Judicial Council of California Civil Jury Instructions (2020 edition)

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4004.Issues Not to Be Considered
In determining whether [name of respondent] is gravely disabled, you
must not consider or discuss the type of treatment, care, or supervision
that may be ordered if a conservatorship is established.
New June 2005
Sources and Authority
• “Petitioner’s proposed jury instruction reads as follows: ‘You are instructed that
the matter of what kind or type of treatment, care or supervision shall be
rendered is not a part of your deliberation, and shall not be considered in
determining whether or not [proposed conservatee] is or is not gravely disabled.
The problem of treatment, care and supervision of a gravely disabled person and
whether or not he shall be detained in a sanitarium, private hospital, or state
institution, is not within the province of the jury, but is a matter to be considered
by the conservator in the event that the jury finds that [proposed conservatee] is
gravely disabled.’ [¶] [T]he instruction should be given.” (Conservatorship of
Baber (1984) 153 Cal.App.3d 542, 553 & fn. 7 [200 Cal.Rptr. 262].)
• “[I]nformation about the consequences of conservatorship for [proposed
conservatee] was irrelevant to the only question before [the] jury: whether, as a
result of a mental disorder, he is unable to provide for his basic personal needs
for food, clothing, or shelter.” (Conservatorship of P.D. (2018) 21 Cal.App.5th
1163, 1168 [231 Cal.Rptr.3d 79].)
Secondary Sources
3 Witkin, California Procedure (5th ed. 2008) Actions, § 97
2 California Conservatorship Practice (Cont.Ed.Bar) § 23.89
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and Mental
Disabilities: Judicial Commitment, Health Services, and Civil Rights, § 361A.33
(Matthew Bender)
985
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