California’s conservatorship laws let a court hand decision-making authority over an adult’s personal care, finances, or both to another person, but only on clear and convincing evidence that the adult cannot manage those matters and only after the court has considered less restrictive options.1California Legislative Information. California Probate Code Section 1801 The rules distinguish among general, limited, and mental-health conservatorships, spell out what powers a conservator has, and preserve specific rights for the person under conservatorship.
The Three Types of Conservatorship
Which set of rules applies depends on why the adult needs help.
General Conservatorship
A general conservatorship covers adults who can no longer take care of their own personal needs or manage their finances, typically because of age-related decline, serious disability, or cognitive impairment. The court can appoint a conservator of the person (housing, healthcare, and daily living), a conservator of the estate (money and property), or both. These conservatorships stay in place until the court terminates them, subject to periodic judicial review.1California Legislative Information. California Probate Code Section 1801
Limited Conservatorship
A limited conservatorship is built for adults with developmental disabilities such as autism or intellectual disabilities. The conservator gets only the specific powers the court finds necessary, and the conservatee keeps every right that isn’t expressly transferred. The court looks at which decisions the person can still make — where to live, how to spend money, whether to consent to medical treatment — and tailors the order accordingly.1California Legislative Information. California Probate Code Section 1801
LPS Conservatorship
A Lanterman-Petris-Short (LPS) conservatorship applies to people with severe mental illness who need involuntary psychiatric treatment. Unlike probate conservatorships, which are usually started by family, LPS cases are initiated by county mental health departments or other public agencies. They authorize decisions about psychiatric care, including involuntary hospitalization and medication. LPS conservatorships must be renewed every year — after each full year, the county either drops the case or asks the court to continue it, and the conservatee can demand a new trial before a judge or jury. The petitioner must prove the person is “gravely disabled,” meaning unable to provide for their own food, clothing, or shelter because of a mental health disorder.
How Someone Becomes a Conservator
The case starts when an interested person — usually a relative or friend — files a Petition for Appointment of Probate Conservator (Judicial Council Form GC-310) in the superior court for the county where the proposed conservatee lives.2California Courts. GC-310 Petition for Appointment of Probate Conservator A Confidential Supplemental Information form (GC-312) is filed alongside it. Petitioners who can’t afford the filing fee can request a waiver.3Judicial Branch of California. Fee Waivers in Guardianships and Conservatorships
Notice of the hearing must be mailed at least 15 days beforehand to the proposed conservatee, close relatives (spouse, domestic partner, parents, children, siblings), and anyone else the court identifies as an interested party.4California Legislative Information. California Probate Code Section 1460 If someone who should have received notice was left out, the court can delay or invalidate the proceedings.
The Court Investigator
Before the hearing, a court investigator interviews the proposed conservatee in person, reviews medical and financial records, and takes input from family. The investigator files a written report with the court on whether the conservatorship is genuinely needed and whether the proposed conservator is a suitable choice.5California Legislative Information. California Probate Code Section 1826
The Hearing and Standard of Proof
If the proposed conservatee objects, or if the investigator raises concerns, the court appoints an attorney to represent them.6California Legislative Information. California Probate Code Section 1471 Contested hearings look more like a trial: medical professionals testify, witnesses are called, and both sides put on evidence. The petitioner has to prove incapacity by clear and convincing evidence, a higher bar than the ordinary civil standard.1California Legislative Information. California Probate Code Section 1801
If the judge grants the petition, the court issues Letters of Conservatorship (Form GC-350), which the conservator uses to prove their authority to banks, doctors, and government agencies.7Judicial Branch of California. Letters of Conservatorship GC-350 In limited conservatorships especially, the order spells out precisely which powers transfer and which don’t.
Temporary Conservatorship
When there’s immediate risk — say, an elderly person being financially exploited while the case is pending — the court can appoint a temporary conservator with powers limited to what’s needed to protect the person and their property until a final decision.8Justia Law. California Probate Code Chapter 3 – Temporary Guardians and Conservators
What a Conservator Can Do and Must Do
The role carries real accountability. A conservator who mismanages the job can be removed, surcharged for losses, or held personally liable.
Personal Decisions
A conservator of the person makes decisions about healthcare, living arrangements, meals, clothing, and social activity, and must reflect the conservatee’s own preferences and values whenever possible. If the conservatee cannot consent to medical treatment, the court can authorize the conservator to make those decisions, but some major interventions — like placing someone in a locked memory care facility — require separate court approval.9Justia Law. California Probate Code Article 2 – Capacity to Give Informed Consent for Medical Treatment
Financial Decisions
A conservator of the estate handles money, property, bills, investments, and income. Assets must be managed prudently and in the conservatee’s interest — no speculative investments, no self-dealing.10California Legislative Information. California Probate Code Section 2401 Within 90 days of appointment, the conservator files an Inventory and Appraisal (Form GC-040) listing every asset, which a court-appointed probate referee values.11California Legislative Information. California Probate Code Section 2610 Regular accountings — annually or every two years, as the court directs — show all income, expenses, and transactions.12Justia Law. California Probate Code Sections 2620-2628 – Accounts
A conservator of the estate is generally required to post a fiduciary bond before receiving Letters of Conservatorship. The bond acts as insurance if the conservator mishandles funds. A conservator of the person only doesn’t need a bond unless the court specifically orders one.13California Legislative Information. California Probate Code Section 2320
The Written Care Plan
Under reforms enacted through SB 602, a conservator must file a written care plan within 60 days of appointment. It covers the conservatee’s living situation, medical needs, social engagement, and financial management, and must be delivered to the conservatee, their attorney, spouse or domestic partner, and close relatives. The court reviews the most recent care plan when deciding whether to continue or terminate the conservatorship, and can order updates at any time.14California Legislative Information. SB-602 Review of Conservatorships Financial details in the initial care plan can be preliminary, but final figures are due within 10 days of completing the inventory and appraisal.
Rights the Conservatee Keeps
A conservatorship doesn’t erase the conservatee’s legal identity. The court must use the least restrictive arrangement that still protects the person and must preserve as much independence as circumstances allow.1California Legislative Information. California Probate Code Section 1801 Regardless of the type of conservatorship, a conservatee keeps the right to:
- Hire their own attorney or ask the court to appoint one at any time.6California Legislative Information. California Probate Code Section 1471
- Object to the conservatorship, challenge specific conservator decisions, or petition to end it entirely.
- Be treated with dignity, including having their personal preferences considered on where they live, who they see, and how they spend their time.
- Receive visitors and communicate freely; a conservator cannot isolate the conservatee from friends, family, or outside contact without court authorization.
Even where decision-making power has transferred, the conservator has to take the conservatee’s stated wishes into account and cannot override them for convenience. A pattern of disregarding those preferences can be grounds for removal.
Ongoing Court Oversight
California courts don’t appoint a conservator and step away. Periodic reviews are built into the system: a court investigator revisits the case, re-interviews the conservatee, and files a report on whether the conservatorship remains necessary and whether the conservator is doing the job.15California Legislative Information. California Probate Code Section 1850 Between reviews, care plans and accountings create a paper trail. A conservator who falls behind, files suspicious reports, or ignores the care plan requirement is likely to face judicial scrutiny. Family and other interested parties can also flag problems at any time by filing a petition.
Changing or Ending a Conservatorship
Modification
Circumstances change. If the conservatee regains some abilities — able to handle daily financial transactions again but still needing help with medical decisions, for instance — anyone in the case can petition the court to narrow the conservator’s authority. Evidence such as updated medical evaluations or caregiver testimony supports the request, and the court holds a hearing before ruling.
Modification also covers replacing a conservator. If the current one resigns, dies, or is removed for misconduct, the court appoints a successor, taking the conservatee’s stated preferences into account.16Justia Law. California Probate Code Article 2 – Appointment of Successor Conservator
Termination
A conservatorship ends when the court finds it no longer necessary — typically because the conservatee has regained capacity, has died, or because a less restrictive alternative now works. The conservatee, the conservator, or any interested party can file a petition to terminate, backed by evidence like medical evaluations.17California Legislative Information. California Probate Code Section 1861 The court can also terminate on its own during a periodic review if the evidence no longer supports continuing.18California Legislative Information. California Probate Code Section 1863
Removing a Conservator
If the conservator is the problem rather than the arrangement, removal is separate from termination. Grounds include financial mismanagement, neglect, abuse of authority, or failing to file required accountings and care plans.19California Legislative Information. California Probate Code Section 2650 The court removes the individual and appoints a successor rather than dissolving the conservatorship.
Alternatives Courts Must Consider First
A conservatorship is the most restrictive legal arrangement California offers for managing someone’s affairs, and courts are now required to consider less intrusive options first. Some alternatives work only if planning documents were signed while the person still had capacity. Once someone is incapacitated, it is too late to create them.
Durable Power of Attorney
A durable power of attorney lets a person name an agent to handle financial or legal matters. “Durable” means the document remains effective after the principal becomes incapacitated, and some are drafted to activate only on incapacity.20California Legislative Information. California Probate Code Section 4124 A properly drafted power of attorney can eliminate the need for a conservatorship of the estate entirely.
Advance Healthcare Directive
An advance healthcare directive lets a person name a healthcare agent and record their treatment preferences, including end-of-life wishes. If a valid directive is in place, a conservatorship of the person may be unnecessary for healthcare decisions because the agent already has authority to act.21California Legislative Information. California Probate Code Section 4701
Revocable Living Trust
A revocable living trust lets a successor trustee manage assets if the person who created the trust becomes incapacitated. Because trust assets are handled privately under the trust’s terms, no court involvement is needed. For families with significant assets, a living trust paired with a durable power of attorney can often cover everything a conservatorship of the estate would.
Supported Decision-Making
Supported decision-making is a newer approach, particularly relevant for adults with developmental disabilities. The person keeps their legal rights and works with trusted supporters — family, friends, or professionals — who help them understand options and make informed choices. California now recognizes supported decision-making as a formal alternative, and courts must consider it before approving a conservatorship.22California Legislative Information. AB-1663 Protective Proceedings Supporters help the person process information but never sign documents or make decisions on their behalf; the individual retains full authority over their own life.