Alameda County Conservatorship: Types, Petition, and Duties

An Alameda County conservatorship is a Superior Court arrangement that gives one adult legal authority to make personal, financial, or both kinds of decisions for another adult who can no longer manage them. To get one, you file a petition with the probate court at the Berkeley Courthouse, submit a medical capacity declaration, give formal notice to the proposed conservatee and their relatives, and go through a court investigation and hearing. The judge can only grant the petition after finding that no less restrictive alternative would work.¹

Which Type Fits Your Situation

Picking the right type first saves months. Alameda’s probate court handles three that families typically pursue.

General Conservatorship

This is the standard arrangement for older adults dealing with dementia, stroke, or other serious cognitive decline. A general conservator of the person handles housing, medical decisions, and daily needs. A general conservator of the estate handles money and property. The same person can hold both roles, or the court can split them. The conservator receives full powers unless the judge specifically finds a particular power unnecessary.²

When the conservatee has a major neurocognitive disorder such as Alzheimer’s, the conservator can seek additional authority to place the conservatee in a locked residential facility and administer dementia medications. That requires clear and convincing evidence and a separate court order supported by a physician’s or psychologist’s declaration, so it is not automatic.³

Limited Conservatorship

Limited conservatorships apply only to adults with developmental disabilities who can handle some parts of life on their own. The court reviews seven specific decision areas: where to live, access to confidential records, contracts, medical consent, social and sexual contacts, education, and marriage. The conservator gets authority only over the areas the conservatee genuinely cannot manage.² If the court finds during any conservatorship case that the proposed conservatee has a developmental disability, it must treat the matter as a limited conservatorship unless dementia-related powers are being sought.¹

Temporary Conservatorship

When a situation cannot wait for the full petition to be heard, the court can appoint a temporary conservator on an emergency basis. The petition must describe specific facts showing good cause.⁴ The appointment lasts only until the court rules on the general petition, and any request to terminate it triggers a hearing within 15 days.

One boundary worth naming: if the person you’re worried about is gravely disabled because of a mental health disorder, severe substance use disorder, or chronic alcoholism, that is an LPS conservatorship, and only county mental health agencies can initiate it. Families cannot file these directly.⁵

Alternatives You Must Rule Out First

California law requires the judge to deny a conservatorship petition if a less restrictive alternative would work.¹ Be ready to explain to the court why each of these was considered and rejected.

A durable power of attorney, if the person still has capacity to sign one, lets them appoint someone to handle finances or healthcare and stays in effect after later incapacity. Once capacity is gone, this option is closed.
An advance health care directive names a healthcare agent and records treatment preferences for situations where the person cannot speak for themselves.
A supported decision-making agreement lets a person with a disability choose trusted supporters to help them understand and make decisions while keeping full legal authority.
A representative payee, appointed by the Social Security Administration, can manage Social Security or SSI benefits without any court case. Beneficiaries can designate up to three preferred payees in advance.⁶

Conservatorship is appropriate when none of these adequately protect the person.

Filing the Petition in Alameda County

All probate filings in Alameda County go to the Clerk’s Office at the Berkeley Courthouse, 2120 Martin Luther King, Jr. Way in Berkeley. That is the only filing location for conservatorship petitions in the county.⁷ A filing fee applies, and the court adjusts the amount periodically, so check the current schedule. A fee waiver is available if you cannot afford the fee.

Forms You Will Need

The petition itself is Judicial Council form GC-310, the Petition for Appointment of Probate Conservator. It identifies the proposed conservatee and conservator, the type of conservatorship, the conservatee’s assets and income, and the relatives you contacted or tried to contact.⁸

Form GC-335, the Confidential Capacity Assessment and Declaration, must be filled out by a California-licensed physician or a psychologist with at least two years of experience diagnosing major neurocognitive disorders. A religious healing practitioner can complete it in limited circumstances. The declaration evaluates memory, orientation, and reasoning to establish that the person lacks capacity to make their own decisions.⁹

Form GC-312, Confidential Supplemental Information, is where you describe why a conservatorship is necessary without putting the details in the public file.¹⁰ Use concrete incidents. Vague statements about declining health won’t give the judge enough to act on.

Giving Notice

After filing, you have to notify the proposed conservatee and their relatives on the court’s schedule. The proposed conservatee must be personally served with a citation and a copy of the petition at least 15 days before the hearing. Mailed notice must reach the spouse or domestic partner and all relatives listed in the petition at least 15 days before the hearing.¹¹ For a limited conservatorship, notice must also reach the appropriate Regional Center at least 30 days before the hearing. The court cannot shorten these deadlines, so missing them delays your case.

The Investigation, Attorney Appointment, and Hearing

The court assigns an investigator who interviews the proposed conservatee in person and explains what the conservatorship would do, including the right to oppose it, attend the hearing, request a jury trial, and be represented by counsel. The investigator reviews the petition, interviews the proposed conservator, talks to relatives when possible, and assesses whether the conservatee can complete a voter registration form. A written report goes to the judge with findings on whether the conservatorship is necessary and whether the proposed conservator is suitable.

If the proposed conservatee does not have a lawyer and does not plan to hire one, the court must appoint the public defender or private counsel. This applies to any proceeding that establishes, transfers, or terminates a conservatorship, or that affects the conservatee’s legal capacity.¹² For a limited conservatorship, appointment of counsel is mandatory regardless of the conservatee’s preferences. The conservatee pays for that representation if they can afford it.

At the hearing, the judge reviews the petition, the capacity declaration, and the investigator’s report. The proposed conservatee can attend, testify, contest the petition, and demand a jury trial. The judge decides whether the person meets the legal standard, whether the proposed conservator is appropriate, and which specific powers to grant. In a limited conservatorship case, the judge evaluates each of the seven power areas individually and grants only those the conservatee genuinely cannot manage.

What a Conservator Has to Do After Appointment

Appointment comes with obligations the court enforces. Neglect can lead to removal, and mismanaging estate funds can create personal liability.

Conservator of the Person

A conservator of the person arranges housing, ensures access to food and clothing, consents to medical treatment, and makes daily care decisions. The conservator has to respect the conservatee’s wishes and preferences as much as possible while keeping them safe. The conservatee keeps the right to receive visitors, phone calls, and personal mail unless the court specifically orders otherwise.¹³

Conservator of the Estate

A conservator of the estate handles money, property, and financial obligations. Within 90 days of appointment, the conservator must file a complete inventory and appraisal of every estate asset, valued as of the appointment date, and provide copies to the conservatee, their attorney, and their spouse or closest relatives.¹⁴ After the first year, the conservator files a formal accounting with the court at least every two years, including account statements, escrow documents for any real estate sales, and facility bills if the conservatee lives in a care home.¹⁵ The court can order accountings more often if it has reason to.

Bond

Before the court issues letters of conservatorship for an estate, the conservator has to post a bond. The amount is calculated by adding the value of all personal property in the estate, the estimated annual gross income from estate property, and the estimated annual gross income from any public benefits the conservatee receives.¹⁶ Using a personal surety instead of a bonding company doubles the required amount. Premiums usually come out of estate funds, but the cost still catches many petitioners off guard.

Federal Filings

A conservator of the estate must file IRS Form 56, Notice Concerning Fiduciary Relationship, to inform the IRS of the fiduciary role.¹⁷ The conservator then files the conservatee’s annual tax returns and pays any taxes owed from estate funds. Skipping this form causes confusion over who owes what and can lead to penalties.

Rights the Conservatee Keeps

A conservatorship narrows some rights but does not erase them. The conservatee keeps the right to receive visitors, make phone calls, and receive personal mail unless the court explicitly restricts those rights in a separate order.¹³ The investigator assesses whether the conservatee can still register to vote, and California law leans toward preserving that right.

The conservatee can also ask the court to modify or end the conservatorship at any time. If the conservatee communicates that wish and there has not been a termination hearing in the last 12 months, the court must appoint an attorney and set a hearing.¹⁸ The conservatee has the right to oppose the original petition, demand a jury trial, and be represented by counsel at every stage.¹²

Ongoing Court Review

The oversight does not stop at appointment. Six months in, the court investigator visits to evaluate the placement, quality of care, and whether the conservator is acting in the conservatee’s best interests. After the first year and every year after that, the investigator returns, reassesses, and discusses less restrictive alternatives with the conservatee whenever possible.¹⁹ A concerning report can prompt the court to schedule a hearing to modify or terminate the arrangement, and any interested person can request a review at any time.

Ending a Conservatorship

A conservatorship can be ended by the conservator, the conservatee, a spouse or domestic partner, any relative, a friend, or any other interested person filing a petition stating that it is no longer needed.¹⁸ The court must terminate the conservatorship unless it finds, by clear and convincing evidence, that the conservatee still meets the criteria and that the conservatorship remains the least restrictive alternative. The burden falls on whoever opposes termination, not the conservatee. If the conservator and conservatee both agree it is no longer necessary, the court can end it without an evidentiary hearing. It also ends automatically when the conservatee dies.

1
California Legislative Information. California Probate Code 1800.3 – Establishment of Conservatorship
2
California Courts. Conservatorships
3
California Legislative Information. California Probate Code 2356.5
4
California Legislative Information. California Probate Code 2250 – Temporary Conservatorship
5
California Legislative Information. California Welfare and Institutions Code 5350
6
Social Security Administration. Representative Payee Program
7
Superior Court of California, County of Alameda. Probate Court
8
California Courts. Petition for Appointment of Probate Conservator (GC-310)
9
California Courts. Confidential Capacity Assessment and Declaration – Probate Conservatorship (GC-335)
10
California Courts. Confidential Supplemental Information (GC-312)
11
Justia Law. California Probate Code 1820-1835 – Notice and Service
12
California Legislative Information. California Probate Code 1471
13
California Legislative Information. California Probate Code 2351
14
Justia Law. California Probate Code 2610-2615 – Inventory and Appraisal of Estate
15
California Legislative Information. California Probate Code 2620 – Accounting Requirements
16
California Legislative Information. California Probate Code 2320 – Bond Requirements
17
Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship
18
California Legislative Information. California Probate Code – Termination of Conservatorship
19
California Legislative Information. California Probate Code 1850 – Court Review of Conservatorship