A Contra Costa County conservatorship is a Superior Court case in which a judge appoints someone to manage the personal care, finances, or both of an adult who can no longer handle those responsibilities safely. The Probate Department of the Contra Costa Superior Court reviews every petition and treats conservatorship as a last resort, expecting the petitioner to show that less restrictive tools have already been considered.1Superior Court of California. General Probate Information Probate cases are filed at the Wakefield Taylor Courthouse in Martinez.2Superior Court of California. Wakefield Taylor Courthouse
Which Type of Conservatorship You Need
California Probate Code Section 1801 recognizes two core categories, and a case can involve one or both.3California Legislative Information. California Probate Code 1801 – Persons for Whom Conservator May Be Appointed A conservatorship of the person covers physical health, medical decisions, food, clothing, and where the conservatee lives. A conservatorship of the estate covers finances, property, income, and bill-paying, and the standard is that the person is substantially unable to manage their financial resources or resist fraud. A few poor financial decisions on their own do not meet that bar. Where both kinds of incapacity are present, the court can grant authority over the person and the estate in a single case.
General Conservatorships
General conservatorships are the most common form, used for older adults with conditions like advanced dementia, severe strokes, or other health crises that leave them unable to care for themselves or manage money. The conservator receives broad authority, though the court can narrow the scope to what the conservatee actually needs.
Limited Conservatorships
A limited conservatorship applies only to adults with developmental disabilities and is designed to preserve as much independence as the person can safely handle. Under Probate Code Section 2351.5, a limited conservator has no authority over the following areas unless the petition specifically requests each one and the judge approves it: where the conservatee lives, access to confidential records, consent to marriage or domestic partnership, the right to enter contracts, medical consent, social and sexual contacts, and education.4California Legislative Information. California Probate Code 2351.5 A limited conservator with only medical authority, for example, has no say in where the conservatee lives or whom they see.5California Courts. Limited Conservatorships
Alternatives the Court Expects You to Consider First
California judges are required to consider whether a conservatorship is the least restrictive option before granting one. If a less invasive tool protects the person, the petition should be denied. Planning ahead with the right documents can spare a family the expense and stress entirely.
A durable power of attorney lets someone name a trusted person to manage their finances if they later lose capacity. Under Probate Code Section 4124, wording such as “this power of attorney shall not be affected by subsequent incapacity of the principal” keeps the authority alive after incapacity sets in; without that language the power ends at the exact moment it is needed.6California Legislative Information. California Probate Code 4124 The catch is timing: a power of attorney has to be signed while the person still has capacity. Once someone no longer understands what they are signing, this door is closed and a conservatorship becomes the only route.
An advance health care directive handles medical decisions. Under Probate Code Section 4701, a person can name a health care agent and set out preferences for treatment, end-of-life care, pain management, and organ donation.7California Legislative Information. California Probate Code 4701 It, too, must be signed while the person has capacity. When both a financial power of attorney and a health care directive are in place, a conservatorship of the person and estate is rarely necessary.
A revocable living trust moves assets into a trust while the person is competent, with a successor trustee ready to take over on incapacity. It avoids court involvement for property management, but it does not cover personal care, so it substitutes for a conservatorship of the estate only. For adults with developmental disabilities, California’s Probate Conservatorship Reform and Supported Decision-Making Act (AB 1663) supports arrangements where the person keeps decision-making authority with help from chosen supporters.8State Council on Developmental Disabilities. SDM-TAP
Emergency Situations: Temporary Conservatorships
When a health or financial emergency cannot wait for the full process, the court can appoint a temporary conservator under Probate Code Section 2250. The petition must state facts showing good cause.9California Legislative Information. California Probate Code 2250
Notice still applies. At least five court days before the hearing, the proposed conservatee must be personally served, and notice must go to the spouse or domestic partner and close relatives. If the proposed temporary conservator has no prior relationship with the proposed conservatee, the Contra Costa County Public Guardian must also be notified. The court can waive or shorten notice for good cause, such as when notice itself would cause immediate and substantial harm or the required relatives cannot be located after reasonable efforts. A temporary conservatorship lasts only until the court decides the full petition, and anyone challenging the temporary order can file a petition to terminate it, with a hearing required within 15 days.
Information and Forms You Need to File
Filing takes substantial paperwork. Assembling everything up front avoids weeks of delay from incomplete filings.
The Core Petition
The main document is the Petition for Appointment of Probate Conservator (Form GC-310), which explains why the court’s intervention is necessary and what powers are being requested.10California Courts. Petition for Appointment of Probate Conservator GC-310 You also file the Citation for Conservatorship (Form GC-305), which formally notifies the proposed conservatee, and the Confidential Supplemental Information form (Form GC-312), which gives the court background details for its investigation.
Who Must Be Listed and Notified
The petition must include the names and addresses of the proposed conservatee’s spouse or domestic partner and all relatives within the second degree, meaning parents, children, and siblings. If none of those relatives are known, the list expands to stepparents, stepchildren, aunts, uncles, nieces, and nephews.3California Legislative Information. California Probate Code 1801 – Persons for Whom Conservator May Be Appointed Everyone on this list is entitled to notice of the hearing and the chance to support or object.
Medical Capacity Declaration
Form GC-335, the Confidential Capacity Assessment and Declaration, has to be completed by a physician, psychologist, or religious healing practitioner who has evaluated the proposed conservatee. It gives the court the medical evidence it needs to weigh the claim of incapacity.11California Courts. Confidential Capacity Assessment and Declaration – Probate Conservatorship GC-335 Without a completed capacity declaration, the petition has no medical foundation to stand on.
All Judicial Council forms are available through the California Courts website or from the clerk’s office. Names, dates, and identifying details must match across every document, and the narrative sections should explain clearly why the alternatives above will not work.
Filing, Investigation, and the Hearing in Contra Costa
Petitions are filed with the Probate Department; check the division’s page for current filing hours and any online submission options.12Superior Court of California. Probate A filing fee applies. If the conservatee or their household cannot afford it, you can request a waiver on Form FW-001-GC, which is specific to guardianship and conservatorship cases. You qualify if the conservatee receives public benefits, lives in a low-income household, or the household’s income is not enough to cover basic needs and court fees.13California Courts. Request to Waive Court Fees (Ward or Conservatee) FW-001-GC
The Court Investigation
Once the petition is accepted, a Contra Costa County court investigator conducts a mandatory review. Under Probate Code Section 1826, the investigator must personally interview the proposed conservatee and explain their rights, including the right to oppose the conservatorship, attend the hearing, request a jury trial, and have an attorney.14Justia Law. California Probate Code 1820-1835 The investigator also checks the petition’s claims, asks whether the proposed conservatee wants to contest the arrangement or prefers a different conservator, and assesses whether appointed counsel would help. The written report goes to the judge at least five days before the hearing and carries real weight.
Serving Notice
During the investigation, a third party must serve notice of the hearing on the proposed conservatee and all listed relatives. The petitioner cannot personally serve these documents.15Judicial Council of California. Notice of Hearing – Guardianship or Conservatorship GC-020 Improper service can postpone the hearing.
At the Hearing
The judge reviews the petition, the investigator’s report, the capacity declaration, and any objections. If the evidence supports appointment, the judge signs an order and the clerk issues Letters of Conservatorship, which give the conservator legal authority to act. If the proposed conservatee or a relative objects, the case may be set for a contested hearing or jury trial.
What the Conservator Must Do After Appointment
The Letters come with ongoing duties, and the court monitors compliance closely.
A conservator of the estate must post a surety bond before Letters are issued. Under Probate Code Section 2320, the amount is based on the value of the conservatee’s personal property, the estimated annual income from all estate property, and any public benefit payments. The judge can adjust the amount for good cause, and if personal sureties are used instead of a surety company the bond amount doubles.16California Legislative Information. California Probate Code 2320 The bond protects the conservatee; if funds are mismanaged, the surety company pays.
Within 90 days of appointment, the conservator of the estate must file an Inventory and Appraisal listing every asset, valued as of the date of appointment.17California Legislative Information. California Probate Code 2610 Real property and certain other assets need valuation by a court-appointed probate referee. This filing sets the financial baseline for every future accounting.
The first accounting is due within one year of appointment, and later accountings are filed at least every two years. The court can order more frequent ones.18California Legislative Information. California Probate Code 2620 Each accounting shows income received, money spent, and the current value of remaining assets. Conservators and their attorneys cannot pay themselves from the estate without prior court approval.
A conservator of the person is responsible for daily needs: housing, food, medical care, and personal safety. A conservator of the estate must pay bills on time, protect investments, and avoid conflicts of interest. The Judicial Council’s Handbook for Conservators lays out these duties in detail, and conservators are expected to follow it.19Judicial Council of California. Handbook for Conservators
Where no family member is available, willing, or appropriate, the court may appoint a licensed professional fiduciary. California law generally bars appointment of a non-family member unless that person holds a valid Professional Fiduciary license or fits a statutory exemption.20Professional Fiduciaries Bureau. What is a Professional Fiduciary – A Guide for Consumers Professional fiduciaries charge hourly fees, paid from the estate with court approval, which is why families able to serve themselves typically do.
Rights the Conservatee Keeps
Conservatorship does not erase a person’s rights. Under Probate Code Section 2351, a conservatee retains personal rights including receiving visitors, phone calls, and personal mail unless the court specifically orders otherwise, and the court has discretion to reserve additional rights to the conservatee wherever possible.21California Legislative Information. California Probate Code 2351
Throughout the conservatorship, the conservatee keeps the right to:
- Be represented by an attorney
- Petition the court to terminate the conservatorship at any time
- Object to the conservator’s actions
- Request a different conservator
- Vote, unless the court has specifically found the person incapable of completing a voter registration affidavit
Social Security Is Separate
A conservatorship by itself does not give you authority over the conservatee’s Social Security or SSI. The Social Security Administration requires a separate appointment as representative payee, and the Treasury Department does not recognize a durable power of attorney for this purpose either.22Social Security Administration. Frequently Asked Questions for Representative Payees If the conservatee receives federal benefits, you have to apply to SSA directly. Individual representative payees cannot charge a fee; only qualified organizational payees serving at least five beneficiaries may, and only with SSA’s written approval. A payee can be reimbursed for out-of-pocket costs such as mileage and postage, but not for general overhead.
Ending a Conservatorship
A conservatorship is not necessarily permanent. Under Probate Code Section 1860, it ends automatically when the conservatee dies or by court order.23California Legislative Information. California Probate Code 1860-1865 The conservatee, the conservator, a spouse, any relative, or any friend can petition the court to end it by showing it is no longer needed.
When a conservatee asks the court to terminate, the court must appoint counsel for them and set a hearing, unless a termination hearing has already been held within the past 12 months and there is no good cause to proceed sooner. At the hearing the conservatorship must be ended unless the court finds by clear and convincing evidence that the conservatee still meets the criteria for a conservator and that the conservatorship remains the least restrictive alternative. If voting rights were suspended during the case, the court notifies the county elections official so they can be restored. For limited conservatorships, the same clear-and-convincing-evidence standard applies.