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Conservatorship in California

Reviewed by DocDraft Legal Team - California - Last updated October 9, 2026

In California the adult process is a probate conservatorship, not a guardianship: the word guardian is reserved for minors. The petition goes to the Superior Court of California in the county, probate department, on Judicial Council form GC-310, Petition for Appointment of Probate Conservator, with the confidential GC-312 supplemental information. The court may appoint a conservator of the person, of the estate, or both, and a limited conservator for a developmentally disabled adult. Need must be shown by clear and convincing evidence, and no conservatorship may be granted unless the court expressly finds it is the least restrictive alternative needed. Instead of a petitioner-hired doctor, a court investigator interviews the proposed conservatee, gathers medical reports, and files a confidential written report at least 5 days before the hearing, unless the proposed conservatee signed the petition or nominated their own conservator and attends the hearing, in which case no investigation is required.

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What is happening with the adult you are concerned about?

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How does a court decide an adult needs a conservator in California?

A conservator of the person may be appointed for an adult unable to provide properly for physical health, food, clothing, or shelter. A conservator of the estate may serve an adult substantially unable to manage financial resources or resist fraud or undue influence. The standard of proof is clear and convincing evidence, and the court must find conservatorship is the least restrictive alternative needed (Prob. Code 1800.3(b)).

Which court and which form start a conservatorship in California?

The petition is filed in the Superior Court of California in the county, probate department, on Judicial Council form GC-310, Petition for Appointment of Probate Conservator. The petitioner also files the confidential supplemental information on GC-312, and the court issues a citation on GC-320. Counties may also have local forms, so check with the clerk.

Does California require a medical report or evaluation for a conservatorship?

California uses a court investigator, a court employee, rather than a petitioner-hired physician. The investigator interviews the proposed conservatee, gathers medical reports, and reports in writing at least 5 days before the hearing. Some investigator duties added by recent amendments apply only once the Legislature funds them (Prob. Code 1826(h)). No investigation is required if the proposed conservatee signed the petition or nominated their own conservator and attends the hearing.

What rights does a person have in a California conservatorship case?

The citation and a copy of the petition must be served on the proposed conservatee at least 15 days before the hearing, by personal service or notice and acknowledgment, or as the court authorizes. If unrepresented and not planning to retain counsel, the court appoints a lawyer at or before the hearing. The person may demand a jury trial.

Conservatorship in California: the court investigator and the least restrictive alternative

California calls the adult process a conservatorship and keeps the word guardian for minors. Under Probate Code Division 4, Part 3, the Superior Court of California, probate department, may appoint a conservator of the person, of the estate, or both, and a limited conservator for a developmentally disabled adult. The adult is the proposed conservatee until appointment. Need must be proved by clear and convincing evidence, substantial inability cannot rest solely on isolated incidents of negligence or improvidence, and the court may not grant a conservatorship without an express finding that it is the least restrictive alternative needed. The evaluation is done by a court investigator, who interviews the proposed conservatee and files a confidential report at least 5 days before the hearing, unless the proposed conservatee signed the petition or nominated their own conservator and attends the hearing. After appointment, the court investigator reviews the case at 6 months, at 1 year and annually after that. Counsel is appointed by the court if the person is unrepresented and does not plan to retain counsel, and in a limited conservatorship counsel is appointed immediately. The proposed conservatee may demand a jury trial. This page does not cover LPS mental-health conservatorships, which are a separate process that family members cannot file.

Relevant Laws

Cal. Prob. Code Sections 1800.3 and 1801: when a conservator may be appointed

Section 1800.3 lets the court appoint a conservator of the person or estate of an adult, or both, if need is established and the other requirements are met, and bars a conservatorship unless the court expressly finds it is the least restrictive alternative needed. Section 1801 sets the incapacity tests, the limited conservatorship for a developmentally disabled adult, and the clear and convincing evidence standard.

Cal. Prob. Code Sections 1821 to 1824: petition, citation and service

Section 1821 requires supplemental information with the petition, including alternatives considered and tried. Section 1822 sets notice to relatives of at least 15 days, with 30 days' notice to the regional center for a person with a developmental disability. Section 1824 requires service of the citation and petition on the proposed conservatee at least 15 days before the hearing.

Cal. Prob. Code Sections 1471, 1825, 1826 and 1827: counsel, attendance, investigator and trial

Section 1471 covers court-appointed counsel, Section 1825 the proposed conservatee's attendance at the hearing, Section 1826 the court investigator's interview and written report at least five days before the hearing, and Section 1827 trial by jury if demanded by the proposed conservatee.

California Courts Self-Help Guide: Conservatorships

The Judicial Branch self-help page explains probate conservatorships. It excludes LPS mental-health conservatorships.

Regional Variances

California adult guardianship requirements

Court

Superior Court of California in the county, probate department. Cal. Prob. Code Section 2200(a): the superior court has jurisdiction of guardianship and conservatorship proceedings.

Terms used

Conservator of the person, of the estate, or both; limited conservator for a developmentally disabled adult; the adult is the proposed conservatee. Guardian is reserved for minors. LPS mental-health conservatorships are a separate process (Welf. & Inst. Code Section 5000 et seq.). Cal. Prob. Code Sections 1800.3, 1801.

Petition form

Judicial Council form GC-310, Petition for Appointment of Probate Conservator, with confidential GC-312 supplemental information (Section 1821(a)) and citation GC-320. GC-335 is the confidential capacity assessment in the packet; the clerk can say when it applies. All four are adopted for mandatory use; counties may have local forms.

Incapacity standard and proof

Person: unable to provide properly for personal needs for physical health, food, clothing, or shelter. Estate: substantially unable to manage financial resources or resist fraud or undue influence; substantial inability may not be proved solely by isolated incidents of negligence or improvidence. Standard of proof: clear and convincing evidence. Section 1801(a), (b), (e).

Medical or evaluator report

A court investigator, a court employee, interviews the proposed conservatee, gathers medical reports from the primary care physician and other providers, and reports in writing at least 5 days before the hearing, with copies delivered at least 5 days before. Some investigator duties added by recent amendments apply only once the Legislature funds them (Prob. Code 1826(h)). The report is confidential. No investigation is required if the proposed conservatee signed the petition or nominated their own conservator and attends the hearing. Section 1826.

Notice and service

Citation and petition served on the proposed conservatee at least 15 days before the hearing, by personal service or notice and acknowledgment, or as the court authorizes (Section 1824). Spouse or domestic partner and named relatives: at least 15 days, which the court may not shorten (Section 1822(a)). Regional center: 30 days' notice if developmental disability (Section 1822(e)).

Right to counsel

If unrepresented and not planning to retain counsel, the court appoints counsel at or before the time of the hearing; in a limited conservatorship, immediately. The person may choose their preferred attorney. Trial by jury if demanded by the proposed conservatee. Sections 1471, 1827.

Less restrictive alternatives

No conservatorship unless the court expressly finds it is the least restrictive alternative needed; the court considers supported decision-making agreements, powers of attorney, health care surrogate designations and advance health care directives. Petitioner describes alternatives considered and tried on GC-312. Sections 1800.3(b)-(c), 1821(a)(1)(C).

Bond and reports

Conservator of the estate: court-approved bond before letters issue, except as otherwise provided by statute; waiver or reduction needs a good cause determination (Sections 2320, 2321). Inventory within 90 days after appointment, extendable for reasonable cause (Section 2610). Accounting 1 year after appointment, then at least biennially (Section 2620). Investigator reviews at 6 months, 1 year, then annually (Section 1850).

Emergency conservatorship

Temporary conservatorship needs a pending general petition and good cause; notice at least five court days before the hearing unless the court for good cause orders otherwise; powers end at the earliest of notice that a general conservator is appointed and qualified, or 30 days after appointment or an earlier date set by the court, subject to good-cause extension or shortening. Sections 2250, 2257.

Suggested Compliance Checklist

Consider less restrictive alternatives

Before filing days after starting

Review whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement or advance health care directive could meet the person's needs. The court must expressly find a conservatorship is the least restrictive alternative needed, and the petitioner describes alternatives considered and tried on GC-312. If the person can still make these decisions, a power of attorney may be signed now.

Document: durable-power-of-attorney

File GC-310 and GC-312 with the probate court

Start of the case days after starting

File Judicial Council form GC-310, Petition for Appointment of Probate Conservator, and the confidential GC-312 supplemental information with the clerk of the Superior Court in the county, probate department. Ask the clerk about the filing fee, local forms, whether GC-335 applies, and when the hearing will be set.

Serve the citation and petition

At least 15 days before the hearing (30 days for the regional center notice) days after starting

Serve the citation (GC-320) and a copy of the petition on the proposed conservatee by personal service or notice and acknowledgment, or as the court authorizes. Give notice to the spouse or domestic partner and named relatives at least 15 days before the hearing, and 30 days' notice to the regional center if the person has a developmental disability. File proof of service.

Prepare for the investigator and the hearing

Report due at least 5 days before the hearing days after starting

Unless the proposed conservatee signed the petition or nominated their own conservator and attends the hearing, the court investigator interviews the proposed conservatee, the petitioners, the spouse and first-degree relatives and gathers medical reports. Some investigator duties added by recent amendments apply only once the Legislature funds them (Prob. Code 1826(h)). Tell the person about the hearing and the right to a lawyer, appointed at or before the hearing if unrepresented and not planning to retain counsel, and the right to demand a jury trial.

Post bond, file the inventory and the accounting

Inventory within 90 days after appointment; accounting 1 year after appointment, then at least biennially days after starting

A conservator of the estate gives the court-approved bond before letters issue, except as otherwise provided by statute, and the court may waive or reduce it on a good cause determination. File the inventory and appraisal within 90 days after appointment (extendable for reasonable cause) and the accounting on Judicial Council forms. Expect investigator reviews at 6 months, at 1 year and annually.

Frequently Asked Questions

Other California guides

Adverse Possession in California: The Five Year Clock and the Tax Element

Asset Protection Planning in California (2026)

Dealing With Debt Collectors in California (2026)

Expunging a Criminal Record in California (2026)

Filing a Workplace Harassment Complaint in California

Filing Chapter 7 Bankruptcy in California (2026)

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