Conservatorship in California: A Complete Guide to Types, Process, and Costs

What Is a Conservatorship in California?

A conservatorship is a legal arrangement in which a California court appoints a responsible person (called a conservator) to care for an adult who cannot manage their own personal needs, finances, or both. The person receiving care is called the conservatee.

If you or a family member in Clovis, Madera, or Solvang needs guidance on conservatorships, contact Lawvex to speak with an experienced California estate planning attorney.

Unlike guardianships, which apply to minors, conservatorships in California are exclusively for adults 18 and older. California’s conservatorship laws are found in California Probate Code Sections 1800 through 1898, and courts only grant conservatorships when less restrictive alternatives, such as a power of attorney or living trust, are not sufficient to protect the individual.

Understanding how conservatorships work is essential for families facing difficult decisions about a loved one’s care. This guide covers every type of conservatorship available in California, the step-by-step process for obtaining one, costs, and alternatives you should consider first.

Types of Conservatorship in California

California recognizes several types of conservatorship, each designed for different circumstances. The type you need depends on the conservatee’s specific situation.

General Conservatorship

A general conservatorship is the most common type and applies to adults who cannot manage their personal care, finances, or both due to age, illness, injury, or cognitive decline. Under California Probate Code Section 1801, the court may appoint:

• Conservator of the Person: Responsible for the conservatee’s daily care, including housing, food, clothing, medical decisions, and personal safety
• Conservator of the Estate: Manages the conservatee’s financial affairs, including paying bills, managing investments, and protecting assets
• Both: Many conservatorships include authority over both personal care and finances

General conservatorships grant broad authority to the conservator, making them appropriate for elderly adults with dementia, Alzheimer’s disease, or other conditions that significantly impair decision-making ability.

Limited Conservatorship

A limited conservatorship is designed specifically for adults with developmental disabilities. Rather than granting the conservator full control, the court grants only the specific powers the conservatee needs help with, preserving as much independence as possible.

Under California Probate Code Section 1801(d), the court must find that a limited conservatorship is the least restrictive form of intervention appropriate for the conservatee. This type is commonly used for adults with autism, cerebral palsy, intellectual disabilities, epilepsy, or conditions originating before age 18.

LPS Conservatorship (Lanterman-Petris-Short)

An LPS conservatorship is a specialized type established under the Lanterman-Petris-Short Act (California Welfare and Institutions Code Sections 5000-5550). It applies to individuals who are gravely disabled due to a mental health disorder and cannot provide for their own food, clothing, or shelter.

LPS conservatorships differ from general conservatorships in several key ways:

• Only the county’s public guardian or a designated mental health agency can petition for an LPS conservatorship
• They are initially granted for one year and must be renewed annually
• The conservatee has the right to a jury trial to contest the conservatorship
• They can authorize involuntary placement in a locked psychiatric facility

Temporary Conservatorship

When an individual faces an immediate threat to their health, safety, or finances, the court may grant a temporary (emergency) conservatorship under California Probate Code Section 2250. Temporary conservatorships:

• Can be granted within days rather than the weeks or months a standard conservatorship requires
• Last until the hearing on the general conservatorship petition (typically 30 to 45 days)
• Grant limited powers sufficient to address the immediate emergency
• Require showing that the proposed conservatee will suffer irreparable harm without immediate intervention

What Are the 7 Powers of Limited Conservatorship?

In a limited conservatorship, the court may grant up to seven specific powers based on what the conservatee actually needs. These powers are defined in California Probate Code Section 2351.5:

1. Fix the conservatee’s residence: Decide where the conservatee lives, including placement in a care facility if necessary
2. Access confidential records: Review the conservatee’s medical, financial, and educational records
3. Consent to or refuse medical treatment: Make healthcare decisions on the conservatee’s behalf
4. Control the right to contract: Approve or reject contracts the conservatee wants to enter into
5. Give or withhold consent to marriage: The conservator may need to consent before the conservatee can marry
6. Control social and sexual contacts: In rare cases, the court may grant this power when the conservatee is at risk of exploitation
7. Make educational decisions: Choose educational programs and services for the conservatee

The court does not automatically grant all seven powers. Each power must be individually justified, and the judge will only grant powers that the conservatee genuinely needs assistance with. This approach reflects California’s commitment to preserving the conservatee’s autonomy wherever possible.

Who Qualifies for Conservatorship in California?

Not everyone who needs help qualifies for a conservatorship. California courts require the petitioner to demonstrate that:

• The proposed conservatee is an adult (18 or older) who is unable to provide for their personal needs or manage their finances
• The inability is due to a medical condition, cognitive impairment, developmental disability, or mental health disorder
• Less restrictive alternatives are not available or have been tried and failed

The court will examine whether the proposed conservatee has the capacity to make decisions with support, whether a durable power of attorney was already established, and whether family members or other support systems can provide adequate protection without court intervention.

Common situations where conservatorship may be appropriate include:

• An elderly parent with advanced dementia who never created a power of attorney
• An adult child with a developmental disability who needs help managing daily life as they age out of school-based services
• A family member with a traumatic brain injury who cannot manage their finances
• An adult who is being financially exploited and lacks the capacity to protect themselves

How to Get Conservatorship in California: Step-by-Step Process

Obtaining a conservatorship in California involves multiple steps and typically takes 60 to 90 days from filing to the hearing. Here is the general process:

Step 1: Determine the Type of Conservatorship Needed

Assess whether you need a conservatorship of the person, the estate, or both. If the proposed conservatee has a developmental disability, a limited conservatorship may be more appropriate. An estate planning attorney can help you evaluate the best option.

Step 2: File the Petition

File a Petition for Appointment of Probate Conservator (Judicial Council Form GC-310) with the superior court in the county where the proposed conservatee resides. The petition must include:

• The proposed conservatee’s personal information and current living situation
• The reasons why a conservatorship is necessary
• What alternatives have been considered or attempted
• The proposed conservator’s qualifications and relationship to the conservatee
• A capacity declaration from a licensed physician or psychologist (Form GC-335)

Step 3: Serve Notice

California law requires that notice of the conservatorship hearing be given to the proposed conservatee, their spouse or registered domestic partner, close relatives, and any person who has requested special notice. The proposed conservatee must be personally served at least 15 days before the hearing.

Step 4: Court Investigation

The court appoints a court investigator who interviews the proposed conservatee, the petitioner, and relevant third parties. The investigator files a report with recommendations to the judge, including whether the conservatorship is necessary and whether less restrictive alternatives exist.

Step 5: Attend the Hearing

At the hearing, the judge reviews the petition, the investigator’s report, and any objections. The proposed conservatee has the right to attend, be represented by an attorney, and oppose the conservatorship. If the judge approves the petition, they issue Letters of Conservatorship (Form GC-350), which grant the conservator legal authority to act.

Step 6: Post-Appointment Requirements

After appointment, the conservator must:

• File an inventory of the conservatee’s assets within 90 days (for conservatorships of the estate)
• Post a bond if required by the court
• Submit regular accountings to the court (typically annually)
• Follow the court’s specific orders regarding the conservatee’s care and finances

Navigating the conservatorship process can be complex. Contact Lawvex for experienced legal guidance from our team serving Clovis, Madera, and Solvang.

How Long Does a Conservatorship Take in California?

The timeline for establishing a conservatorship in California varies based on the type and complexity of the case:

• Temporary conservatorship: Can be granted within a few days to two weeks in emergency situations
• General or limited conservatorship: Typically takes 60 to 90 days from filing the petition to the court hearing
• Contested conservatorship: If the proposed conservatee or a family member objects, the process may take several months as the court schedules additional hearings and gathers evidence

Factors that can extend the timeline include incomplete paperwork, difficulty locating relatives for notice requirements, disputes among family members, and court scheduling backlogs.

How Much Does a Conservatorship Cost in California?

Conservatorship costs in California can be significant. Here is a general breakdown:

• Court filing fees: Approximately $435 to $465 (varies by county)
• Attorney fees: $3,000 to $8,000 or more for an uncontested conservatorship; contested cases can cost $15,000 to $50,000+
• Court investigator fees: $750 to $1,500 (set by the court)
• Bond premium: If the court requires a surety bond, the annual premium is typically 1% to 2% of the bond amount
• Ongoing costs: Annual accountings, attorney fees for court filings, and potential fees for professional conservators

In some cases, the conservatee’s estate pays these costs. If the conservatee lacks sufficient funds, fee waivers may be available for the filing fees.

Conservatorship vs. Guardianship vs. Power of Attorney

Understanding the differences between these legal arrangements helps determine which one is right for your situation:

A durable power of attorney is almost always preferable to a conservatorship because it is less expensive, faster to establish, and does not require court involvement. However, a power of attorney can only be created while the person still has the mental capacity to sign documents. If your loved one has already lost capacity and did not create a power of attorney in advance, a conservatorship may be the only option.

This is one of the strongest reasons to pursue estate planning while you are healthy and capable. A comprehensive estate plan that includes a durable power of attorney and an advance healthcare directive can eliminate the need for a conservatorship entirely.

Alternatives to Conservatorship in California

California courts require petitioners to demonstrate that less restrictive alternatives are insufficient before granting a conservatorship. Common alternatives include:

• Durable Power of Attorney: Allows a trusted person to manage financial affairs. Must be executed while the person has capacity. Learn more about durable power of attorney in California.
• Advance Healthcare Directive: Designates someone to make medical decisions if you become incapacitated. Read our complete guide.
• Living Trust: A revocable living trust allows a successor trustee to manage assets if the trust creator becomes incapacitated, without any court involvement.
• Representative Payee: The Social Security Administration can appoint a representative payee to manage someone’s Social Security benefits.
• Supported Decision-Making: An emerging alternative where the individual retains decision-making authority with the help of trusted advisors, without court oversight.
• Informal arrangements: Joint bank accounts, automatic bill payment, and family support may be sufficient for individuals who need only minimal assistance.

Rights of a Conservatee in California

California law protects the rights of conservatees. Even under a conservatorship, the conservatee retains certain fundamental rights (California Probate Code Section 1871):

• The right to be treated with understanding, respect, and dignity
• The right to have their wishes considered by the conservator and the court
• The right to be represented by an attorney
• The right to petition the court to terminate the conservatorship
• The right to vote (unless specifically removed by the court)
• The right to receive visitors and communicate with others
• The right to control their own wages and personal allowance as set by the court

The conservator has a fiduciary duty to act in the conservatee’s best interests and must make decisions that reflect the conservatee’s known preferences whenever possible.

Frequently Asked Questions About Conservatorship in California

What is the difference between a conservator and a guardian in California?

In California, a conservator is appointed for an adult who cannot manage their own affairs, while a guardian is appointed for a minor. The legal processes are similar, but the rights, responsibilities, and applicable laws differ.

Can a conservatorship be reversed or terminated?

Yes. The conservatee, their attorney, or any interested person can petition the court to terminate the conservatorship if the conservatee has regained capacity or if the conservatorship is no longer necessary. The court will evaluate the petition and may order a new investigation.

Who can file for conservatorship in California?

Any interested person can file a petition, including a spouse, domestic partner, relative, friend, or a state or local agency. The proposed conservatee can also nominate their own conservator in advance.

Does a conservator get paid in California?

Yes. Under California Probate Code Section 2623, a conservator is entitled to reasonable compensation for their services. The amount must be approved by the court and is typically paid from the conservatee’s estate. Professional conservators generally charge hourly rates ranging from $75 to $200 per hour.

What happens if no one files for conservatorship?

If no family member or friend files, and the individual needs protection, the county’s public guardian may step in to file for conservatorship. This is typically a last resort and is more common in cases involving individuals without family support.

Can I avoid conservatorship with proper estate planning?

In most cases, yes. By creating a durable power of attorney, an advance healthcare directive, and a revocable living trust while you are still competent, you can designate trusted people to manage your affairs without court intervention. This is one of the most compelling reasons to complete your estate planning as early as possible.

How long does a conservatorship last?

A general or limited conservatorship lasts until the court terminates it, the conservatee passes away, or the conservatorship is no longer necessary. LPS conservatorships are initially granted for one year and must be renewed. The court periodically reviews all conservatorships to ensure they remain appropriate.

What is an emergency conservatorship in California?

An emergency (temporary) conservatorship can be requested when someone faces an immediate threat to their health, safety, or finances. The court can grant temporary powers within days, providing protection while the full conservatorship petition is pending. The temporary conservatorship expires once the court rules on the permanent petition.

Disclaimer: This article provides general educational information about conservatorship in California and is not legal advice. Every situation is unique, and conservatorship laws are complex. Consult a qualified California attorney to discuss your specific circumstances. For guidance from the Lawvex team serving Clovis, Madera, and Solvang, contact us today.