A Contra Costa County conservatorship is a Probate Court case in which a judge gives one adult legal authority to make personal, financial, or both kinds of decisions for another adult who can no longer manage them. Cases are filed with the Probate Department of the Contra Costa Superior Court, which evaluates every petition individually and treats conservatorship as a last resort when no less restrictive option will protect the person.1Superior Court of California. General Probate Information
If you are considering filing, the sections below walk through the choices you’ll make, the documents you’ll need, what happens after the petition hits the clerk’s desk, and what the court will expect of you once you have Letters of Conservatorship in hand.
Which Type of Conservatorship Fits the Situation
California Probate Code Section 1801 recognizes two basic kinds of conservatorship, and most petitions in Contra Costa fall into one of a few familiar patterns.2California Legislative Information. California Probate Code 1801 – Persons for Whom Conservator May Be Appointed
A conservatorship of the person covers physical health, medical decisions, food, clothing, and living arrangements. The court appoints one when someone cannot provide for their own basic personal needs. A conservatorship of the estate covers finances, property, income, and bills. The standard is that the person is substantially unable to manage their own financial resources or resist fraud; a few poor decisions alone do not meet it. When both kinds of incapacity exist, the court can grant combined authority over the person and the estate in one case.
Most adult-child-caring-for-parent cases are general conservatorships, often prompted by advanced dementia, a severe stroke, or another health crisis. The conservator receives broad authority, though the court can narrow the scope to what the conservatee actually needs.
Limited conservatorships are a separate track for adults with developmental disabilities. Under Probate Code Section 2351.5, the limited conservator starts with no authority in seven specific areas (residence, confidential records, marriage, contracts, medical consent, social and sexual contacts, and education) unless the petition requests the power and the judge approves it.3California Legislative Information. California Probate Code 2351.5 The goal is to preserve as much independence as the person can safely handle.4California Courts. Limited Conservatorships
Before You File: Alternatives the Court Expects You to Rule Out
California judges are required to consider whether less restrictive tools can protect the person. If one of these will do the job, the judge should deny the petition.
A durable power of attorney lets someone name a trusted person to manage finances if they later become incapacitated. Probate Code Section 4124 keeps the authority alive after incapacity, but only when the document includes durability language such as “this power of attorney shall not be affected by subsequent incapacity of the principal.”5California Legislative Information. California Probate Code 4124 Without it, the authority ends exactly when it’s needed. The hard limit is capacity: the principal has to still understand what they’re signing. Once that’s gone, a conservatorship is the only path.
An advance health care directive, authorized under Probate Code Section 4701, handles the medical side by naming a health care agent and spelling out treatment preferences.6California Legislative Information. California Probate Code 4701 It must also be signed while the person has capacity. When a durable power of attorney and a health care directive are both in place, a full conservatorship is rarely necessary.
A revocable living trust moves assets into a trust during the person’s lifetime and names a successor trustee to take over at incapacity. This replaces a conservatorship of the estate but not of the person; a trust doesn’t cover medical or personal-care decisions.
For adults with developmental disabilities, California’s AB 1663 (the Probate Conservatorship Reform and Supported Decision-Making Act) encourages supported decision-making arrangements in which trusted supporters help the person make their own choices rather than having a conservator decide for them.7State Council on Developmental Disabilities. SDM-TAP
Emergencies: Temporary Conservatorship
When a health or financial emergency can’t wait for the full process, Probate Code Section 2250 lets the court appoint a temporary conservator. The petition has to state facts showing good cause.8California Legislative Information. California Probate Code 2250
Even in an emergency, notice protections apply. At least five court days before the hearing, notice must be personally delivered to the proposed conservatee and sent to their spouse or domestic partner and close relatives. If the proposed temporary conservator has no prior relationship with the proposed conservatee, the Contra Costa County Public Guardian must also be notified. The court can shorten or waive notice for good cause, such as when notice itself would cause immediate and substantial harm, or when the petitioner cannot locate the required relatives despite reasonable efforts. A temporary order lasts only until the court rules on the full petition, and a challenge filed to terminate it gets a hearing within 15 days.
Forms and Information to Gather
Petitions get delayed, sometimes for weeks, by incomplete filings. Collect everything before you start.
The central document is the Petition for Appointment of Probate Conservator, Form GC-310, which explains why the court’s intervention is necessary and what powers you are requesting.9California Courts. Petition for Appointment of Probate Conservator GC-310 You will also need the Citation for Conservatorship (GC-305), which formally notifies the proposed conservatee, and the Confidential Supplemental Information form (GC-312), which gives the court background for its investigation.
The petition must list the proposed conservatee’s spouse or domestic partner and all relatives within the second degree: parents, children, and siblings. If none of those are known to you, the list expands to stepparents, stepchildren, aunts, uncles, nieces, and nephews. Everyone on the list is entitled to notice and may support or object.
The medical piece is Form GC-335, the Confidential Capacity Assessment and Declaration, completed by a physician, psychologist, or religious healing practitioner who has evaluated the proposed conservatee.10California Courts. Confidential Capacity Assessment and Declaration – Probate Conservatorship GC-335 Without a completed capacity declaration, the court has no medical basis to find incapacity, and the petition will stall. Judicial Council forms are available on the California Courts website or at the clerk’s office. Names, dates, and identifying details should match across every document.
Filing and the Court Investigation
Contra Costa probate petitions are filed with the Probate Department. The Wakefield Taylor Courthouse in Martinez handles probate matters.11Superior Court of California. Wakefield Taylor Courthouse Check the probate division page for current filing hours and any online submission options.12Superior Court of California. Probate
Filing Fees and Waivers
A filing fee is due when you submit the petition. If the conservatee’s household can’t afford it, request a waiver using Form FW-001-GC, the version designed for guardianship and conservatorship cases. You qualify if the conservatee receives public benefits, lives in a low-income household, or the household’s income is not enough to cover basic needs and court fees.13California Courts. Request to Waive Court Fees (Ward or Conservatee) FW-001-GC
The Investigator’s Role
Once the petition is accepted, a Contra Costa County court investigator conducts a mandatory review. Under Probate Code Section 1826, the investigator personally interviews the proposed conservatee and explains their rights, including the right to oppose the conservatorship, attend the hearing, request a jury trial, and have an attorney.14Justia Law. California Probate Code 1820-1835 The investigator also checks the petition’s claims, asks whether the proposed conservatee wants to contest the arrangement or prefers a different conservator, and considers whether appointing counsel would help protect the person. The written report goes to the judge at least five days before the hearing and carries real weight in the decision.
Serving Notice
While the investigation is underway, a third party must serve notice of the hearing on the proposed conservatee and all listed relatives. The petitioner cannot serve these documents personally.15Judicial Council of California. Notice of Hearing – Guardianship or Conservatorship GC-020 Service problems postpone hearings.
The Hearing and Letters of Conservatorship
At the hearing, the judge reviews the petition, the investigator’s report, the capacity declaration, and any objections. If the evidence supports appointment, the judge signs an order and the clerk issues Letters of Conservatorship, the document that gives the conservator legal authority to act. If the proposed conservatee or a family member objects, the matter can be set for a contested hearing or jury trial.
What a Conservator Must Do After Appointment
Letters of Conservatorship come with ongoing duties. The court monitors conservators closely, and missed deadlines can lead to sanctions or removal.
Surety Bond
Before the court issues Letters for the estate, the conservator must post a surety bond. Probate Code Section 2320 sets the amount based on the value of the conservatee’s personal property, the estimated annual income from estate property, and public benefit payments.16California Legislative Information. California Probate Code 2320 The judge can adjust the figure for good cause. If personal sureties are used instead of a surety company, the bond amount doubles. The bond protects the conservatee: if the conservator mismanages funds, the surety company pays the loss.
Inventory and Appraisal
Within 90 days of appointment, a conservator of the estate must file an Inventory and Appraisal listing every asset, valued as of the date of appointment.17California Legislative Information. California Probate Code 2610 Real property and certain other assets have to be valued by a court-appointed probate referee. This filing becomes the financial baseline for every future accounting.
Accountings
The first estate accounting is due within one year of appointment, with subsequent accountings at least every two years. The court can order more frequent reporting.18California Legislative Information. California Probate Code 2620 Each accounting shows income received, money spent, and the current value of remaining assets.
Care and Fees
A conservator of the person handles housing, food, medical care, and personal safety. A conservator of the estate pays bills on time, protects investments, and avoids conflicts of interest. The Judicial Council’s Handbook for Conservators describes these duties in detail and conservators are expected to follow it.19Judicial Council of California. Handbook for Conservators Conservators and their attorneys cannot pay themselves from the estate without prior court approval. Fee requests are typically reviewed with the regular accountings, and ongoing legal work can be compensated periodically under Probate Code Section 2643.20Judicial Branch of California. California Rules of Court Rule 7.755
When no family member is available or appropriate, the court can appoint a licensed professional fiduciary; California law bars appointing a non-family conservator who lacks a Professional Fiduciary license (absent a statutory exemption).21Professional Fiduciaries Bureau. What is a Professional Fiduciary – A Guide for Consumers Professional fiduciaries bill the estate hourly with court approval, which is why families who can serve directly usually do.
The Conservatee’s Rights
A conservatorship does not erase a person’s rights. Under Probate Code Section 2351, a conservatee keeps personal rights including visits, phone calls, and personal mail unless the court specifically orders otherwise, and judges are expected to reserve rights to the conservatee wherever possible.22California Legislative Information. California Probate Code 2351 Throughout the case, the conservatee retains the right to:
- Be represented by an attorney
- Petition the court to terminate the conservatorship at any time
- Object to the conservator’s actions
- Request a different conservator
- Vote, unless the court has specifically found the person incapable of completing a voter registration affidavit
A Note on Social Security
Being appointed conservator does not give you authority over the conservatee’s Social Security or SSI payments. The Social Security Administration requires a separate appointment as representative payee, and the Treasury Department does not recognize a durable power of attorney for this purpose.23Social Security Administration. Frequently Asked Questions for Representative Payees If federal benefits are involved, apply to SSA directly. Individual payees cannot charge a fee; only certain qualified organizational payees can, with SSA’s written approval. Actual out-of-pocket expenses like mileage and postage can be reimbursed, but general overhead cannot.
Ending the Conservatorship
A conservatorship is not necessarily permanent. Under Probate Code Section 1860, it ends automatically when the conservatee dies or by court order.24California Legislative Information. California Probate Code 1860-1865 The conservatee, the conservator, a spouse, any relative, or any friend can petition to end it by showing it is no longer needed.
When a conservatee asks the court to terminate, the court must appoint an attorney and schedule a hearing, provided there has not been a termination hearing in the past 12 months (or the court finds good cause to proceed anyway). At the hearing, termination is the default outcome unless the court finds, by clear and convincing evidence, that the conservatee still meets the criteria and that conservatorship is still the least restrictive option. The same clear-and-convincing standard applies to limited conservatorships. If voting rights were suspended, the court notifies the county elections official to restore them when the case ends.