In California, the nomination of a conservator starts with the proposed conservatee: if the person still has enough capacity to express a preference, their choice controls, and the court must appoint that nominee unless doing so would be against the person’s best interests.1Justia Law. California Probate Code Article 2 – Order of Preference for Appointment of Conservator When the proposed conservatee cannot choose, state law supplies a ranked order of family members, and a judge can move away from that order when a lower-ranked nominee would better protect the person.
The Conservatee’s Own Nomination Comes First
A proposed conservatee who can form and communicate a preference has the first say in who serves. The nomination can appear in the petition itself or in a separate signed writing, and the court is required to appoint that person absent a finding that the appointment conflicts with the conservatee’s best interests.1Justia Law. California Probate Code Article 2 – Order of Preference for Appointment of Conservator
A prior nomination still counts. If the person named a preferred conservator earlier in an estate plan or in a durable power of attorney, the court weighs that nomination too. Preferences expressed through any form of communication qualify, including sign language, facial expressions, or other nonverbal methods, so a diagnosis that limits speech does not strip the person of this first-position right.
The Statutory Order When the Conservatee Can’t Choose
If the proposed conservatee is unable to nominate anyone, California Probate Code section 1812 sets an order of preference the court works through:
- The conservatee’s spouse or domestic partner
- An adult child
- A parent
- A sibling
- Any other person or entity eligible to serve
The spouse, domestic partner, adult child, parent, or sibling at the top of the list may also nominate someone else to serve in their place, and that nominee takes the same priority as the person doing the nominating.2California Legislative Information. California Code Probate Code 1812 – Order of Preference for Appointment
When the Court Departs From the Order
The ranking is a preference, not a mandate. A judge can appoint someone lower on the list, or outside the list entirely, when doing so better serves the conservatee. A history of financial exploitation, elder abuse, or fraud involving the proposed conservatee is the clearest reason a higher-ranked family member gets passed over. Serious conflicts of interest, prior removal as a fiduciary for misconduct, or a pattern of conduct inconsistent with the conservatee’s welfare can produce the same result.
The court also must find that a conservatorship is the least restrictive alternative before appointing anyone at all. If a power of attorney, a health care directive, or a supported decision-making arrangement would meet the person’s needs, the petition should be denied regardless of who is nominated.3California Legislative Information. California Probate Code 1800.3 The petitioner must prove the need for conservatorship by clear and convincing evidence.4California Legislative Information. California Code Probate Code 1801 – Persons for Whom Conservator May Be Appointed
When No Family Member Is Suitable
If no spouse, partner, child, parent, or sibling is willing, able, or appropriate to serve, other eligible people and entities can step in. Close friends and more distant relatives can be nominated. Professional fiduciaries licensed under the California Professional Fiduciaries Act are often appointed when the conservatee’s finances are complex enough to need specialized expertise.5Legal Information Institute. California Code of Regulations 16 CCR 4406 – Definitions County public guardians serve when no private individual is available, and in some situations where the petitioner and proposed conservator have no prior relationship with the conservatee, the public guardian must be given notice of the hearing so the office can consider whether to act.
Who Qualifies to Be Nominated
A nominee must be an adult capable of carrying out fiduciary duties. The court looks at financial responsibility, criminal background, and conflicts of interest. Common disqualifiers include:
- A record of financial exploitation, elder abuse, or fraud
- Being under one’s own conservatorship
- Prior removal as a conservator or other fiduciary for misconduct
California law does not expressly require the nominee to live in the state, but out-of-state nominees draw closer scrutiny because managing a conservatee’s daily life and court obligations from a distance raises practical problems. Every proposed conservator must complete and file form GC-314, the Confidential Conservator Screening Form, which gives the judge background information to evaluate fitness to serve.6Judicial Council of California. GC-314 Confidential Conservator Screening Form
How the Nomination Reaches the Court
A nomination becomes operative through a conservatorship petition filed in the superior court of the county where the proposed conservatee lives. The nominee is identified on the main petition and is responsible for providing their own screening information. The core filings are:
- Form GC-310, Petition for Appointment of Probate Conservator, which names the proposed conservator and asks the court to appoint them7California Courts. Petition for Appointment of Probate Conservator (GC-310)
- Form GC-312, Confidential Supplemental Information about the proposed conservatee’s situation8California Courts. Confidential Supplemental Information (GC-312)
- Form GC-335, the Capacity Declaration completed by a physician, psychologist, or religious healing practitioner9California Courts. Confidential Capacity Assessment and Declaration – Probate Conservatorship
- Form GC-314, the Confidential Conservator Screening Form filled out by the nominee
The statewide base filing fee is $435, and some counties add local surcharges that push the cost higher.10Superior Court of California. Statewide Civil Fee Schedule Fee waivers are available for petitioners who cannot afford the cost.
Notice of the hearing has to reach the proposed conservatee personally at least 15 days beforehand, along with the spouse or domestic partner and the relatives named in the petition.11California Legislative Information. California Code Probate Code 1822 – Establishment of Conservatorship If the proposed conservatee has a developmental disability, the regional center must be served at least 30 days before the hearing. These notice rules matter for the nomination because relatives with their own views on who should serve get a chance to appear and object.
What the Investigator and Judge Weigh
A court-appointed investigator reviews every petition. The investigator interviews the proposed conservatee, the proposed conservator, and relevant family members. Beyond background checking, the investigator must determine whether the proposed conservatee objects to the nominated conservator or prefers someone else, explain the right to counsel, and report back to the judge in writing.12California Legislative Information. California Code Probate Code 1851.1
If the report surfaces financial conflicts, signs of undue influence over the nominee’s selection, or doubts about qualifications, the judge can order additional hearings, require the nominee to complete training, or appoint a neutral third party instead. Background checks on the nominee can reach criminal history, prior fiduciary misconduct, and reports of financial abuse.
At the hearing, the judge weighs the petition, the investigator’s report, the capacity declaration, and any testimony from medical professionals, family members, or the proposed conservatee. The proposed conservatee has the right to attend and express their wishes. Anyone objecting to the nominee can present evidence. If the record supports the petition and no disqualifying problem appears, the court appoints the nominee and issues Letters of Conservatorship on form GC-350, which the conservator uses as proof of authority with banks, medical providers, and government agencies.13California Courts. Letters of Conservatorship (GC-350)
The Conservatee’s Right to a Lawyer
A proposed conservatee can contest who gets nominated, and the court must appoint counsel at public expense if the person cannot afford an attorney and requests one. Even without a request, the judge must appoint counsel whenever doing so would help resolve the case or protect the conservatee’s interests.14California Legislative Information. California Code Probate Code 1471 – Appointment of Counsel
For a limited conservatorship (used only for adults with developmental disabilities), counsel is mandatory. The court must appoint a public defender or private attorney for the proposed conservatee regardless of whether one is requested. If the conservatee can afford the lawyer, they pay; if not, the court covers the cost. That mandatory appointment often shapes who ends up serving, because an attorney is in place from the start to raise any concern about the nominee the family has put forward.