A California conservatorship is a court-supervised arrangement that hands decision-making authority over an adult’s personal care, finances, or both to a court-appointed conservator. It starts with a petition, moves through a court investigation and hearing, and then continues under judicial oversight for as long as the conservatorship lasts. Filing fees start at $435, most estate conservators must post a surety bond, and California law requires the judge to pick the least restrictive option available, which means a conservatorship will not be granted if a lesser tool would do the job.
Types of Conservatorship
The type of conservatorship determines what authority the conservator actually receives, so the label matters.
General Conservatorship
A general conservatorship is the standard form used for adults who can no longer handle their own affairs, most often because of age-related decline, illness, or injury. Within it, the court can grant authority over personal care, financial management, or both:
- A conservatorship of the person covers housing, medical care, daily needs, and personal welfare.
- A conservatorship of the estate covers money, bills, investments, and financial assets.
The same person can hold both roles or they can be split. Being appointed conservator of the person does not automatically make you conservator of the estate; if you want both, you have to petition for both.1California Courts. Conservatorships
Limited Conservatorship
A limited conservatorship is designed for adults with developmental disabilities. The conservator’s authority is restricted to the specific powers the court finds necessary, so the conservatee keeps as much independence as possible. A judge can appoint a limited conservator only after finding by clear and convincing evidence that the arrangement is needed to promote and protect the person’s well-being.2California Courts. Limited Conservatorships
LPS Conservatorship
An LPS conservatorship, named after the Lanterman-Petris-Short Act, applies to people who are “gravely disabled” by a serious mental health condition, meaning they cannot provide their own food, clothing, or shelter. It is initiated through the county mental health system, lasts up to one year at a time, and operates under the Welfare and Institutions Code. If your situation is an LPS case, the process below does not apply.
Alternatives the Court Must Consider First
Before granting any conservatorship, the judge must find it is the least restrictive option available and must evaluate whether existing support could meet the person’s needs without one.3California Legislative Information. California Code PROB 1800.3 The alternatives the court weighs include:
- Supported decision-making agreements, where the person keeps decision-making power but gets help understanding and communicating choices.
- A durable power of attorney, signed while the person still has legal capacity, that lets a trusted person manage finances or other affairs.
- An advance health care directive that names someone to make medical decisions if the person becomes unable to.
Expect the court investigator and judge to ask what was tried and why it did not work. Come prepared with that explanation.
Who Can File the Petition
The proposed conservatee can nominate their own conservator if they can express a preference. A spouse, domestic partner, adult child, parent, brother, or sister can also nominate a conservator in the petition or at the hearing.4Justia. California Code PROB 1810-1813.1 – Order of Preference for Appointment of Conservator
A spouse or domestic partner going through a divorce or legal separation from the proposed conservatee generally cannot petition or be appointed unless the court finds by clear and convincing evidence that the appointment serves the conservatee’s best interests.
What Goes Into the Petition
Preparing the petition is the most document-heavy part of the process. You will need medical evidence of the proposed conservatee’s condition, including diagnoses and a description of how their limitations affect daily functioning. If you are asking for authority over finances, you also need a full inventory of assets, income sources, and debts.
The core forms are the Petition for Appointment of Probate Conservator and the Confidential Supplemental Information form. The supplemental form asks for a detailed picture of the proposed conservatee’s functional abilities and limitations, and the court investigator uses it to assess whether a conservatorship is warranted.
You also have to identify the proposed conservatee’s spouse or domestic partner and all relatives within the second degree, which covers parents, children, siblings, grandparents, and grandchildren. If none of those people exist, the notice list expands to stepparents, stepchildren, nieces, nephews, and other extended family.5Justia. California Code PROB 1820-1835 – Commencement of Proceeding
Temporary Conservatorship for Emergencies
If the proposed conservatee faces an immediate risk of harm or financial loss, you can request a temporary conservatorship alongside the main petition. A temporary conservator gets authority to provide essential care or protect property on an expedited basis, but the powers are limited to what the emergency requires, and the appointment lasts only until the court rules on the permanent petition.
The Investigation and Hearing
Once the petition is filed and a hearing date is set, you must personally serve notice on the proposed conservatee and mail notice to all listed relatives and interested parties at least 15 days before the hearing.5Justia. California Code PROB 1820-1835 – Commencement of Proceeding
The Court Investigator
The court appoints an investigator whose report carries real weight with the judge. The investigator must personally interview the proposed conservatee, the petitioners, the proposed conservator if different from the petitioner, and family members within the first and second degree. In the interview with the proposed conservatee, the investigator has to explain the nature of the proceeding and inform the person of the right to oppose the petition, attend the hearing, have a jury trial, and be represented by an attorney.6California Legislative Information. California Code PROB 1826
The investigator reviews the medical evidence and the supplemental information form, then produces a confidential report recommending whether the conservatorship is necessary and whether the proposed conservator is appropriate.
The Hearing
At the hearing, the judge reviews the investigator’s report, hears testimony, and decides whether the standard for incapacity has been met. If the proposed conservatee does not already have a lawyer, the court must appoint the public defender or private counsel. That right to appointed counsel also applies to later proceedings to terminate the conservatorship, remove the conservator, or change the conservatee’s legal capacity.7California Legislative Information. California Code PROB 1471
If no one objects and the petition is in order, the judge usually grants the conservatorship at the hearing and issues Letters of Conservatorship, the official document the conservator uses to prove authority to banks, doctors, and other third parties.8California Courts. Letters of Conservatorship GC-350
What the Conservatee Keeps
A conservatorship does not strip the conservatee of every right. California law preserves the right to receive visitors, phone calls, and personal mail unless the court issues a specific order limiting them. The court can also tailor the conservatorship by reserving specific powers to the conservatee.9California Legislative Information. California Code PROB 2351
Medical decisions are more layered than most people assume. If the conservatee has not been found to lack capacity to consent to medical treatment, they can still consent to their own care. The conservator can consent too, but that consent alone is not enough if the conservatee objects. Overriding the conservatee’s wishes on medical treatment requires a separate court order, except in genuine emergencies involving severe pain or a life-threatening condition.10Justia. California Code PROB 2350-2359 – Powers and Duties of Guardian or Conservator of the Person
The conservator must choose the least restrictive appropriate living arrangement and can set the conservatee’s residence anywhere in California without court permission. Moving the conservatee out of state requires a court order.
What the Conservator Has to Do After Appointment
Post the Surety Bond
If you are appointed conservator of the estate, the court will require a surety bond before your Letters are issued. The bond amount is calculated by adding the total value of the conservatee’s personal property, the estimated annual gross income from all property, and the probable annual amount of any public benefit payments. Using personal sureties instead of a bonding company doubles the required amount.11California Legislative Information. California Code PROB 2320
Bonding company premiums typically run between 0.5% and 5% of the bond amount per year. For an estate worth $200,000 with $30,000 in annual income, the bond amount could reach $230,000, with premiums potentially ranging from roughly $1,150 to $11,500 annually depending on the conservator’s creditworthiness and the bonding company.
File the Inventory and Appraisal
Within 90 days of appointment, the conservator must file a complete inventory and appraisal of the estate with the court. It lists every asset as of the appointment date and must also be delivered to the conservatee and their attorney. The court can grant more time for good cause, but missing the deadline without permission draws scrutiny.12California Legislative Information. California Code PROB 2610 Most assets have to be valued by a court-appointed probate referee, though the conservator can appraise limited categories such as cash and bank accounts.
Manage Assets and File Accountings
The conservator is a fiduciary. That means managing the conservatee’s affairs with the care and loyalty of a prudent person handling someone else’s money: arranging appropriate housing and medical care on the person side, preserving and investing assets responsibly on the estate side, and using the conservatee’s money only for their benefit.
Estate conservators must file a formal accounting one year after appointment and at least every two years after that. The court can order more frequent accountings if it sees a reason.13California Legislative Information. California Code PROB 2620 Each accounting lists every receipt, disbursement, and change in asset value during the period, with original or verified electronic bank statements covering the closing date. First accountings also require statements showing account balances immediately before appointment. If the conservatee lives in a residential care or long-term care facility, you must attach the original billing statements.14Judicial Branch of California. California Rules of Court – Rule 7.575
The court investigator also conducts periodic reviews of the conservatorship to check on the conservatee’s well-being and assess whether the arrangement should continue, be modified, or be terminated.15California Legislative Information. California Code PROB 1800
What It Costs
Conservatorships come with costs from several directions. Knowing what to budget for prevents surprises:
- Court filing fee: $435 statewide for a conservatorship petition.
- Attorney fees: most petitions warrant an attorney, and the petition, hearing preparation, and initial post-appointment filings commonly run several thousand dollars. The conservatee’s court-appointed attorney is also paid from the estate if the conservatee can afford it.
- Court investigator fees: the court may charge the estate for the investigator’s time on the initial and ongoing review reports.
- Surety bond premiums: 0.5% to 5% of the bond amount per year, paid for the life of the conservatorship.
- Probate referee fee: based on the value of the property appraised.
- Professional fiduciary fees: when no family member can serve, professional fiduciaries typically charge between $190 and $300 per hour for managing the estate.
Most of these come out of the conservatee’s estate, but if the estate is small, the petitioner may have to cover expenses upfront.
Federal Tax and Social Security Duties
Conservators of the estate also step into a federal fiduciary role. You must file IRS Form 56 to notify the IRS that you are responsible for the conservatee’s tax matters, both when the relationship begins and when it ends.16Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship You are responsible for filing the conservatee’s income tax returns, paying taxes owed from the estate, and responding to IRS correspondence.
Gifts from the estate raise separate issues. The federal annual gift tax exclusion for 2026 is $19,000 per recipient, and the lifetime gift and estate tax exemption is $15,000,000.17Internal Revenue Service. Gifts and Inheritances18Internal Revenue Service. Whats New – Estate and Gift Tax But conservators generally should not make gifts from the estate without court approval, because your duty is to preserve assets for the conservatee. Unauthorized gifts can expose you to personal liability for breach of fiduciary duty.
Social Security is a separate track. Being appointed conservator does not automatically make you the representative payee for the conservatee’s benefits. The Social Security Administration runs its own process, and you must submit a separate application. A court-appointed conservator typically gets preference, but the SSA keeps the final call.19Social Security Administration. GN 00502.107 – The Representative Payee Application
How a Conservatorship Ends
A conservatorship ends automatically when the conservatee dies. It can also be terminated by court order if the conservatee’s condition improves or the arrangement is no longer necessary.20California Legislative Information. California Code PROB 1860
The conservatee, their attorney, or any interested person can petition to end it. The investigator’s periodic reviews also act as a check: if the investigator finds the conservatee has regained the ability to manage their own affairs, the recommendation can be termination. The conservatee has the right to court-appointed counsel in termination proceedings, just as in the original hearing.7California Legislative Information. California Code PROB 1471
When the conservatorship ends, the conservator files a final accounting and returns all remaining assets to the former conservatee or, if the conservatee has died, to the estate’s personal representative.