# What Is a Conservatorship in California? How It Works

> What a California conservatorship is, the Probate Code criteria, the process step by step, 2026 court fees, how long one lasts, who can file, and alternatives.

Source: https://ridleylawoffices.com/conservatorship-california/

A conservatorship is a court order that puts someone else, the conservator, in charge of an adult’s personal care, finances, or both, because the adult can’t safely manage them alone. In California a judge grants one only on clear and convincing evidence, and only after finding that nothing less restrictive would protect the person.

By Eric Ridley, attorney, Ridley Law. Updated October 2026.

This page explains how a California probate conservatorship works, what a court has to find, what it costs, and how it ends. Every statute and fee below is traced to the Probate Code or the Judicial Council. If you’re trying to keep a conservatorship from ever being needed, read [how to avoid conservatorship in California](https://ridleylawoffices.com/avoiding-conservatorship-california/) instead.

## What is a conservatorship?

A conservatorship is a court proceeding in which a judge appoints a conservator to make decisions for an adult, the conservatee, who can’t make them safely. The Probate Code lets the court appoint a conservator of the person, of the estate, or of both (Prob. Code, §§ 1800.3, 1801).

A conservator of the person handles care. That includes where the conservatee lives. The conservator can pick the residence anywhere in California without asking the court first, but must choose the least restrictive appropriate place that meets the conservatee’s needs (Prob. Code, § 2352, subd. (b)). A conservator of the estate handles money and property, and the appointment is an adjudication that the conservatee can’t make a transaction that binds the conservatorship estate (Prob. Code, § 1872, subd. (a)).

A petition can be filed by the proposed conservatee, a spouse or domestic partner, a relative, a government agency or officer, or any other interested person or friend (Prob. Code, § 1820, subd. (a)). The court, not the family, makes the final choice of conservator, guided by the proposed conservatee’s best interests. When candidates are equally qualified, the court starts with the person’s own stated preference, then a spouse or domestic partner, an adult child, a parent, and a sibling (Prob. Code, § 1812).

Guardianship is the parallel proceeding for children. See our glossary entries on [conservatorship](https://ridleylawoffices.com/estate-planning-glossary-california/conservatorship/) and [guardianship](https://ridleylawoffices.com/estate-planning-glossary-california/guardianship/).

## What are the criteria for a conservatorship in California?

For a conservator of the person, the proposed conservatee must be unable to provide properly for personal needs for physical health, food, clothing, or shelter. For a conservator of the estate, the person must be substantially unable to manage their own financial resources or resist fraud or undue influence (Prob. Code, § 1801, subds. (a), (b)).

Four rules raise the bar for a petitioner.

- The standard of proof is clear and convincing evidence (Prob. Code, § 1801, subd. (e)).
- Substantial inability to manage finances can’t be proved solely by isolated incidents of negligence or improvidence (Prob. Code, § 1801, subd. (b)).
- The court can’t grant a conservatorship of the person or estate without an express finding that it’s the least restrictive alternative needed to protect the conservatee (Prob. Code, § 1800.3, subd. (b)).
- In deciding, the court must consider the person’s abilities with current and possible supports, including supported decision-making agreements, powers of attorney, a health care surrogate designation, and advance health care directives (Prob. Code, § 1800.3, subd. (c)).

The proposed conservatee isn’t a bystander. The citation served on them must say that they can appear and oppose the petition, choose a lawyer or have one appointed, and ask for a jury trial (Prob. Code, § 1823, subd. (b)). A court investigator interviews the proposed conservatee, the petitioners, and family members before the hearing (Prob. Code, § 1826, subd. (a)).

## What types of conservatorship are there in California?

California has three: the probate conservatorship most families mean, the limited conservatorship for adults with developmental disabilities, and the LPS conservatorship for people who are gravely disabled.

### Probate conservatorship of the person, the estate, or both

This is the general conservatorship under Prob. Code, § 1801, subds. (a) to (c), described above. It’s the type this page covers.

### Limited conservatorship for adults with developmental disabilities

A limited conservator can be appointed for a developmentally disabled adult. It may be used only as necessary to promote and protect the person’s well-being, and the person keeps all legal and civil rights except those the court specifically grants to the limited conservator (Prob. Code, § 1801, subd. (d)). If the court learns that the proposed conservatee has a developmental disability and the petitioner isn’t seeking authority under Prob. Code, § 2356.5, the court treats the case as a limited conservatorship (Prob. Code, § 1800.3, subd. (d)). With the person’s consent, a regional center assesses the proposed limited conservatee within 30 days after the petition is filed and reports to the court (Prob. Code, § 1827.5, subd. (a)).

### LPS conservatorship

The Lanterman-Petris-Short conservatorship is a different track. It applies to a person who is gravely disabled or impaired by chronic alcoholism, and it follows the Probate Code procedure except where the Welfare and Institutions Code says otherwise (Welf. & Inst. Code, § 5350). It isn’t covered further here.

### Temporary conservatorship

While a petition is pending, a family can ask for temporary letters of conservatorship. The statewide fee schedule lists a separate fee for that request, covered below.

## What did California’s recent conservatorship reforms change?

Two laws tightened the rules. AB 1194 (Stats. 2021, ch. 417), effective January 1, 2022, requires the court to appoint the public defender or private counsel for a conservatee or proposed conservatee who has no lawyer and doesn’t plan to hire one, and to honor the person’s preferred attorney (Prob. Code, § 1471, subds. (a), (c)). It also bars a conservator from being paid from the estate for costs of unsuccessfully defending their own fee request or opposing a petition or request made by or for the conservatee, with a narrow good-faith exception (Prob. Code, § 2640, subd. (d)).

AB 1663 (Stats. 2022, ch. 894), effective January 1, 2023, amended Prob. Code, § 1800.3 to require the court to weigh supported decision-making agreements and other supports when it decides whether a conservatorship is the least restrictive alternative. The petitioner’s supplemental information must also address which alternatives were considered or tried and why they didn’t work (Prob. Code, § 1821, subd. (a)(1)(C)).

## How does a conservatorship work in California?

A conservatorship runs through a petition, notice, a court investigation, a hearing, a bond and letters, and then years of court reporting. Each step below is set by the Probate Code and Judicial Council forms.

1. File the petition The petitioner files Judicial Council form GC-310, Petition for Appointment of Probate Conservator. It states why a conservatorship is necessary and names the proposed conservator and the proposed conservatee (Prob. Code, § 1821, subd. (a)). Unless the petitioner is a bank or trust company, the petitioner also files confidential supplemental information on form GC-312, covering the person’s inability to meet needs or manage money, their residence, alternatives considered, and services they received in the prior year (Prob. Code, § 1821, subd. (a)(1)).
2. Give notice and serve the citation Notice of the hearing and a copy of the petition go to the spouse or domestic partner and the relatives named in the petition at least 15 days before the hearing, and the court can’t shorten that time (Prob. Code, § 1822, subds. (a), (b)). The clerk issues a citation to the proposed conservatee (form GC-320) that explains the person’s rights (Prob. Code, § 1823).
3. Court investigator reviews the case The court investigator interviews the proposed conservatee, the petitioners and proposed conservators, and family members, reviews medical reports and the petition’s supplemental information, and reports to the court in writing at least five days before the hearing. The report is confidential (Prob. Code, § 1826, subds. (a), (c)).
4. Attend the hearing The judge decides whether the Prob. Code, § 1801 standard is met by clear and convincing evidence, whether the conservatorship is the least restrictive alternative, and who should serve. If the proposed conservatee has no lawyer, the court appoints one (Prob. Code, § 1471, subd. (a)).
5. Post the bond and receive letters Before letters issue, the conservator generally must post a bond approved by the court (Prob. Code, § 2320, subd. (a)). Letters of Conservatorship (form GC-350) are the document the conservator shows banks, doctors, and care facilities as proof of authority. Within 30 days of the order, the conservator must deliver the order and an information notice of conservatee rights to the conservatee and relatives (Prob. Code, § 1830, subd. (c)).
6. File the inventory and appraisal within 90 days A conservator of the estate files an inventory and appraisal of the estate within 90 days after appointment, unless the court allows more time for reasonable cause. It’s delivered to the conservatee and others, and appraised in the manner used for a decedent’s estate (Prob. Code, § 2610, subds. (a), (c)).
7. Account to the court and submit to reviews The first accounting is due one year after appointment and then at least every two years (Prob. Code, § 2620, subd. (a)). The court investigator also visits the conservatee six months after appointment, again at one year, and annually after that (Prob. Code, § 1850, subd. (a)).

## How much does a conservatorship cost in California?

The court filing fee to petition for a conservator is $435 under the Judicial Council’s statewide civil fee schedule effective January 1, 2026, and the attorney fees and investigator fees are the larger costs.

Here are the components the sources let me price.

| Cost | Amount | Source |
| --- | --- | --- |
| Petition for appointment of conservator | $435 (varies in Riverside, San Bernardino, and San Francisco counties) | Statewide Civil Fee Schedule, eff. Jan. 1, 2026, item 131 |
| Petition for temporary letters of conservatorship | $60 | Statewide Civil Fee Schedule, item 136 |
| Information package for conservators | $20 | Statewide Civil Fee Schedule, item 166 (Prob. Code, § 1835) |
| Conservatee’s opposition to the petition | No fee | Statewide Civil Fee Schedule, item 132 |
| Court investigator’s fee | Amount set by the court | Statewide Civil Fee Schedule, item 167 (Prob. Code, § 1851.5) |

The investigator’s fee is assessed against the conservatee for each investigation or review. The court may order reimbursement unless that would be a hardship, and there’s a rebuttable presumption of hardship if the conservatee receives Medi-Cal (Prob. Code, § 1851.5). A petitioner who can’t pay the filing fee can ask the court to waive it, using form FW-001-GC and an order on court fee waiver.

Attorney fees and conservator compensation have no statewide price, because the court fixes them. After 90 days from the issuance of letters, the conservator or the attorney can petition for payment, and the court allows compensation that is just and reasonable for the conservator and reasonable for the attorney, charged to the conservatee’s estate (Prob. Code, § 2640, subds. (a), (c)). A professional fiduciary who petitions must disclose a proposed hourly fee schedule in the petition (Prob. Code, § 1821, subd. (c)). A lawyer the court appoints for an adult conservatee is paid a sum the court fixes, from the conservatee’s estate (Prob. Code, § 1470, subds. (b), (c)).

The bond premium, the cost of the appraisal, and the cost of preparing each accounting add to the total. Those depend on the size of the estate, so I won’t quote a figure. In my experience a contested case costs far more than an uncontested one.

## Do I need a lawyer to file for conservatorship?

The Probate Code doesn’t require a petitioner to hire a lawyer, and California superior courts publish forms and instructions for people who file on their own.

The proposed conservatee is a different matter. If they have no lawyer and don’t plan to hire one, the court must appoint one (Prob. Code, § 1471, subd. (a)). That lawyer represents the conservatee’s wishes, not the petitioner’s (Prob. Code, § 1471, subd. (d)).

My view is that a lawyer is worth the cost in four situations: a conservatorship of the estate, which brings the bond, inventory, and accounting duties; real estate that has to be sold; a family member who is likely to object; and any case where the proposed conservatee wants to oppose.

## What are the disadvantages of a conservatorship?

The main disadvantage is lost autonomy. A conservatorship can transfer to the conservator the person’s right to contract, manage property, give informed consent for medical treatment, and fix a residence (Prob. Code, § 1823, subd. (b)(2)).

- **Lost rights.** The conservatee may lose the right to make contracts, and a conservatorship of the estate is an adjudication that they can’t enter transactions that bind the estate (Prob. Code, § 1872, subd. (a)).
- **Loss of control over where they live.** The conservator chooses the residence, and can move the conservatee anywhere in California without court permission (Prob. Code, § 2352, subd. (b)).
- **Possible loss of the vote.** A conservatee may be disqualified from voting only if they can’t communicate, even with reasonable accommodations, a desire to participate in the voting process (Prob. Code, § 1823, subd. (b)(3)).
- **Cost.** The conservatee’s estate pays the investigator, the conservator, and the attorneys, as described above.
- **Court supervision.** The bond, the 90-day inventory, the accountings, and the recurring investigator visits continue for as long as the conservatorship does.

Families also pay in time and tension. A contested petition means a hearing, and a jury trial if the proposed conservatee asks for one (Prob. Code, § 1823, subd. (b)(7)).

## How long does a conservatorship last?

A general conservatorship continues until the conservatee dies or the court terminates it, with no fixed end date (Prob. Code, § 1860, subd. (a)). That section doesn’t apply to limited conservatorships (Prob. Code, § 1860, subd. (d)).

The conservator, the conservatee, a spouse or domestic partner, a relative, a friend, or another interested person can petition to terminate the conservatorship by stating facts showing it’s no longer required (Prob. Code, § 1861). The investigator’s reviews are another route. At the one-year review and annually afterward, the investigator discusses less restrictive alternatives with the conservatee when possible, and if the report indicates it, the court considers promptly terminating or modifying the conservatorship (Prob. Code, § 1850, subd. (a)(2)).

## How common are conservatorships in California?

California’s superior courts received 24,923 conservatorship and guardianship petitions in fiscal year 2024-25, up 60 percent from 15,529 in 2015-16, according to the Judicial Council of California’s 2026 Court Statistics Report.

**24,923**

Conservatorship and guardianship filings, fiscal year 2024-25

**15,529**

Same filings in fiscal year 2015-16

**60%**

Increase over those ten fiscal years

**20,749**

Filings in fiscal year 2023-24, so 2024-25 was a 20 percent one-year jump

The Judicial Council reports conservatorships and guardianships as one case-type category, so the count includes guardianships of minors. It doesn’t split probate conservatorships out. County-level counts are on our page of [California probate filings by county](https://ridleylawoffices.com/california-probate-filings-by-county/).

| Fiscal year | Conservatorship and guardianship filings |
| --- | --- |
| 2015-16 | 15,529 |
| 2016-17 | 15,923 |
| 2017-18 | 16,821 |
| 2018-19 | 16,628 |
| 2019-20 | 14,992 |
| 2020-21 | 14,525 |
| 2021-22 | 15,516 |
| 2022-23 | 18,144 |
| 2023-24 | 20,749 |
| 2024-25 | 24,923 |

## What are the alternatives to a conservatorship?

Documents signed while the person still has capacity can often replace a conservatorship, and the court has to consider them before it grants one (Prob. Code, § 1800.3, subd. (c)). The alternatives are listed below.

- **Durable power of attorney.** The person names an agent to handle finances. See our guide to the [durable power of attorney in California](https://ridleylawoffices.com/california-durable-power-of-attorney/) and [how it compares to a living trust](https://ridleylawoffices.com/living-trust-vs-power-of-attorney-california/).
- **Advance health care directive.** The person names an agent for medical decisions and records their wishes. See [advance health care directives](https://ridleylawoffices.com/advance-healthcare-directive-attorney/).
- **Revocable living trust with a successor trustee.** If the trust holds the assets, the successor trustee can manage them without a court appointment. Anything left outside the trust isn’t covered. See our [living trust library](https://ridleylawoffices.com/living-trust-guides/).
- **Supported decision-making agreement.** A voluntary written agreement, revocable at any time, in which an adult with a disability gets help from chosen supporters in making life decisions (Welf. & Inst. Code, § 21001).
- **Health care surrogate designation.** The court must consider it alongside the other supports (Prob. Code, § 1800.3, subd. (c)).

These tools only work if they’re signed before capacity is lost. For a person who has already been diagnosed with dementia, see [whether someone with dementia can still sign trust documents](https://ridleylawoffices.com/dementia-trust-amendment-capacity-california/). Our guide to [incapacity planning in California](https://ridleylawoffices.com/incapacity-planning-california/) covers the full set of documents, and [the incapacity library](https://ridleylawoffices.com/incapacity-guides/) collects the rest. For prevention, start with [avoiding conservatorship in California](https://ridleylawoffices.com/avoiding-conservatorship-california/).

If a conservatorship may be unavoidable for someone in your family, you can reach Ridley Law through our [contact page](https://ridleylawoffices.com/contact-us/).

## Related pages on this site

- [Avoiding Conservatorship in California](https://ridleylawoffices.com/avoiding-conservatorship-california/)
- [Durable Power of Attorney in California](https://ridleylawoffices.com/california-durable-power-of-attorney/)
- [Incapacity Planning in California: The Documents a Will Can’t Replace](https://ridleylawoffices.com/incapacity-planning-california/)
- [Advance Directive and Living Will Lawyer in California](https://ridleylawoffices.com/advance-healthcare-directive-attorney/)
- [California Probate Filings by County](https://ridleylawoffices.com/california-probate-filings-by-county/)
- [Conservatorship: Definition and How It Works in California](https://ridleylawoffices.com/estate-planning-glossary-california/conservatorship/)

Sources

- California Probate Code, [§ 1801](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1801), [§ 1800.3](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1800.3), [§ 1821](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1821), [§ 1850](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1850), [§ 2610](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2610), [§ 2620](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2620), [§ 2640](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=2640) (Legislative Counsel of California).
- California Welfare and Institutions Code, [§ 5350](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=5350) and [§ 21001](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=21001).
- Judicial Council of California, [Statewide Civil Fee Schedule, effective January 1, 2026](https://courts.ca.gov/system/files/file/statewide-civil-fee-schedule-eff-01012026.pdf).
- Judicial Council of California, [2026 Court Statistics Report](https://courts.ca.gov/system/files/file/csr_2026.pdf), Data for Figures 53-62 (fiscal years 2015-16 through 2024-25).
- Judicial Council of California, [Form GC-310, Petition for Appointment of Probate Conservator](https://courts.ca.gov/sites/default/files/courts/default/2024-11/gc310.pdf).
- Legislative Counsel of California, [AB 1194 (Stats. 2021, ch. 417)](https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202120220AB1194).

**Related reading:** [conservatorship statistics](https://ridleylawoffices.com/california-conservatorship-statistics/).