A conservatorship in California is a court-supervised arrangement in which a judge appoints an adult (the conservator) to handle personal care, finances, or both for another adult (the conservatee) who cannot manage those things alone. Before approving one, the court must find by clear and convincing evidence that the person truly cannot manage on their own, and it must tailor the conservator’s powers as narrowly as the situation allows.1California Legislative Information. California Probate Code – Section 1801 Because the arrangement takes away significant autonomy, California law requires judges to consider less restrictive options first.
The Three Types
California recognizes three categories, each built for a different situation.
General Conservatorship
A general conservatorship gives the conservator broad authority over the conservatee’s personal care, finances, or both. It is typically used for older adults who can no longer care for themselves because of conditions like advanced dementia, serious illness, or cognitive decline. The conservator receives all powers and responsibilities unless the court specifically finds certain ones unnecessary.2California Courts. Conservatorships
Limited Conservatorship
A limited conservatorship is for adults with developmental disabilities. The point is to preserve as much independence as possible, so the judge evaluates seven specific powers one at a time and grants only the ones the conservatee actually needs:3California Legislative Information. California Probate Code – Section 2351.5
- Deciding where the conservatee lives
- Accessing confidential records
- Consenting to marriage or domestic partnership
- Controlling the conservatee’s ability to enter contracts
- Making medical decisions
- Managing social and sexual contacts
- Making educational decisions
Someone under a limited conservatorship is not presumed incompetent and keeps every legal and civil right the court has not specifically transferred to the conservator.1California Legislative Information. California Probate Code – Section 1801
LPS Conservatorship
An LPS (Lanterman-Petris-Short) conservatorship is a separate track for adults with serious mental illness who are “gravely disabled,” meaning their mental disorder prevents them from meeting basic needs for food, clothing, or shelter. Families cannot file for one directly. County mental health agencies initiate the process after the individual has gone through an involuntary psychiatric hold. LPS conservatorships are not available for people whose primary condition is dementia, brain trauma, or substance addiction unless they also have a qualifying mental illness.
Conservator of the Person, the Estate, or Both
Within any type, the court can appoint a conservator over the person (daily care and medical decisions), the estate (finances and property), or both. A conservatorship of the person covers housing, healthcare, food, and clothing. A conservatorship of the estate covers paying bills, managing investments, and protecting assets. Families often petition for both at once, but the court can grant one without the other.
Who Can Serve as Conservator
Any adult can serve, but California law sets a preference order when several candidates are equally qualified. The conservatee’s own best interests govern, and priority runs:4California Legislative Information. California Probate Code – Section 1812
- The conservatee’s own nominee, expressed through speech, sign language, gestures, or other communication
- Spouse or domestic partner
- Adult child
- Parent
- Sibling
- Any other qualified person or entity, including a professional fiduciary
The conservatee’s stated preference carries real weight, and courts honor it when the person named is qualified and willing. If no suitable family member steps forward, the court may appoint a licensed professional fiduciary whose fees are subject to court approval. Anyone with a conflict of interest or a background that raises safety concerns will be disqualified.
What the Conservator Can Do
A conservator of the person handles housing, medical care, food, clothing, and day-to-day decisions. The conservator’s control does not reach personal rights the conservatee keeps, such as receiving visitors, making phone calls, and getting personal mail, unless a court order specifically restricts them.5California Legislative Information. California Probate Code – Section 2351
A conservator of the estate locates and inventories assets, collects income, pays bills, files tax returns, and invests funds prudently. Major moves like selling real estate require court approval first. The court can grant “independent powers” under Probate Code section 2590 that let the conservator handle certain transactions without returning to court each time, but only when the judge finds this genuinely benefits the estate.6California Legislative Information. California Probate Code – Section 2590
Every conservator owes a fiduciary duty: act solely in the conservatee’s interest, keep the conservatee’s property separate from their own, avoid self-dealing. A conservator of the estate files a formal accounting with the court within one year of appointment and at least every two years after that, listing every dollar in, out, and remaining.7California Legislative Information. California Probate Code – Section 2620 A judge can require more frequent accountings when the situation warrants.
Rights the Conservatee Keeps
A conservatorship does not erase a person’s identity. The proposed conservatee has the right to oppose the petition, demand a jury trial, and be represented by a lawyer. If they cannot afford one, the court appoints an attorney.8California Legislative Information. California Probate Code – Section 1828
Once the arrangement is in place, the conservatee keeps the right to receive visitors, make phone calls, and receive personal mail unless the court has issued a specific order limiting those rights.5California Legislative Information. California Probate Code – Section 2351 The court can also reserve specific powers to the conservatee rather than hand them to the conservator. In limited conservatorships this is the default: the conservatee keeps every right the court has not explicitly transferred.1California Legislative Information. California Probate Code – Section 1801
Try Less Restrictive Options First
The court will not approve a conservatorship if something less intrusive can meet the person’s needs. Before filing, consider:
- A durable power of attorney, if the person still has capacity to sign it, authorizing someone to handle financial or healthcare decisions without court involvement
- An advance healthcare directive naming an agent for future medical decisions
- A Social Security representative payee, when the person’s only income is federal benefits
- Supported decision-making, where trusted people help the person understand options and make their own choices
- Joint bank accounts or special needs trusts for managing money without removing legal rights
Conservatorship is the most restrictive tool available and is meant as a last resort. If the person can cooperate with a plan to meet basic needs, or if a willing spouse can handle finances through community property or joint accounts, a judge is unlikely to grant the petition.
How to File and What It Costs
Filing starts with the Petition for Appointment of Probate Conservator (Form GC-310), along with a confidential supplement about the proposed conservatee and a screening form about the proposed conservator.9California Courts. Petition for Appointment of Probate Conservator (GC-310) You will need full legal names, addresses, and contact information for the proposed conservator, the proposed conservatee, and all close relatives, including spouse or domestic partner, parents, siblings, and adult children.
The court filing fee is $435 as of January 2026, with slightly higher amounts in Riverside, San Bernardino, and San Francisco counties due to local surcharges.10California Courts. Statewide Civil Fee Schedule Effective January 1, 2026 If you cannot afford the fee, you can apply for a waiver. Attorney fees for handling the full process typically run several thousand dollars on top of the filing fee, more if anyone contests the petition.
What Happens in Court
After the petition is filed with the superior court in the county where the proposed conservatee lives, a neutral third party (not you or anyone else involved in the case) must personally deliver a citation and a copy of the petition to the proposed conservatee at least 15 days before the hearing. Copies also go by mail to every relative listed in the petition within the same timeframe.11California Courts. Serve Conservatorship Papers in Person
The court appoints an investigator who interviews the proposed conservatee, the petitioner, the proposed conservator, and close family members. During the interview with the proposed conservatee, the investigator explains what the petition asks for and informs the person of their rights to oppose, attend the hearing, request a jury trial, and have a lawyer.12California Legislative Information. California Probate Code – Section 1826 The investigator’s confidential report goes to the judge.
At the hearing, the judge weighs the petition, the investigator’s report, medical evidence, and any testimony for or against. The petitioner must prove by clear and convincing evidence that the person meets the legal standard: for a conservatorship of the person, that they cannot properly provide for their own physical health, food, clothing, or shelter; for the estate, that they are substantially unable to manage finances or resist fraud or undue influence.1California Legislative Information. California Probate Code – Section 1801 If the judge approves, the clerk issues Letters of Conservatorship (Form GC-350), which serve as the conservator’s legal proof of authority. Banks, healthcare providers, and government agencies typically require a certified copy before recognizing it.13California Courts. Letters of Conservatorship (GC-350)
Emergencies and Temporary Conservatorships
A full case takes weeks. When there is immediate risk of harm, the court can appoint a temporary conservator while the permanent petition moves forward. A temporary conservator’s powers are narrower, limited to what is necessary for immediate care and to protect property from loss.14California Legislative Information. California Probate Code – Section 2252 A temporary conservator generally cannot sell the conservatee’s home without specific court approval and a finding that the sale is necessary to prevent irreparable harm.
In true emergencies, you can ask the court to shorten or waive the normal notice period by filing an Ex Parte Application (Form GC-112) showing the emergency is “immediate and substantial.” A medical emergency must show that treatment cannot wait because of the conservatee’s pain or significant risk of harm. A financial emergency must show no other option is likely to prevent loss during the delay.15Judicial Council of California. Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (GC-112) The application needs a sworn declaration based on firsthand knowledge and a proposed order.
How a Conservatorship Ends
A conservatorship ends automatically when the conservatee dies. It can also end by court order at any time if circumstances change. The conservatee, the conservator, a spouse, domestic partner, relative, friend, or any other interested person can file a petition to terminate the arrangement, explaining why it is no longer necessary.16Justia Law. California Probate Code – Sections 1860 Through 1865
At the termination hearing, the conservatee has the same rights as at the original hearing, including a jury trial. If the court finds the grounds for the conservatorship no longer exist, it must terminate the arrangement. Limited conservatorships get an even more protective standard: the court must end a limited conservatorship unless it finds, by clear and convincing evidence, that the conservatee still meets the criteria and that the conservatorship remains the least restrictive option available.17California Legislative Information. California Probate Code – Section 1860.5 Termination does not block a new conservatorship later if the person’s condition worsens again.