Date Filed: August 07, 2020 Case Number: G058576 Court: California Court of Appeal, Fourth Appellate District, Division Three The Court holds that a temporary conservator of a person’s person lacks the authority to bind that conservatee to an arbitration agreement that waives substantial rights, absent the conservatee’s consent or a prior court finding of incapacity; consequently, the arbitration clause is unenforceable both as to the conservatee and against the conservators personally. This decision affirms the trial court’s denial of the defendant’s motion to compel arbitration and clarifies that conservators–especially temporary ones–cannot make long-term, rights-waiving decisions for a protected adult without explicit judicial authorization, a ruling that limits the reach of arbitration provisions in probate-related health-care contracts.
— This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website .