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Conservatorship in California: How to Become a Parent's Conservator

When a parent can no longer manage and nothing was signed in time, California's route is a probate conservatorship. Here is what the Probate Code requires, step by step.

By naveen · Updated October 13, 2026 · How we research our guides

To become a parent's conservator in California, you petition the superior court, and a judge appoints you only on clear and convincing evidence and an express finding that conservatorship is the least restrictive alternative. It is the court process for a parent who can no longer make decisions or manage money when no power of attorney or advance health care directive is in place. Those two documents are the alternatives, and a court has to consider them before appointing a conservator: see our guides to the California power of attorney and the California advance health care directive. In California, guardianship is for minors; the courts' self-help guide says "A guardianship is when an adult, who is not a child's parent, is legally responsible for the child's care." This guide is about conservatorship of an adult.

What is a conservatorship in California?

It's a court order in which a judge appoints someone, the conservator, to act for an adult who can't manage, the conservatee. The rules are in the Probate Code, starting at §1800. The California courts' self-help guide puts it this way: "A judge can only appoint a conservator if other less restrictive options won't work."

There are two kinds of authority, and a judge can grant one or both under Probate Code §1801:

The standard of proof "shall be clear and convincing evidence," and §1801 adds that "Substantial inability may not be proved solely by isolated incidents of negligence or improvidence." A limited conservatorship is a separate form for an adult with a developmental disability, and mental health (LPS) conservatorships are separate too: the self-help guide says "Family members or other private parties cannot start a mental health conservatorship." This guide covers the general probate conservatorship.

When does a parent need one, and what are the alternatives?

A court grants one only when your parent can't provide for their personal needs or manage their finances and conservatorship is the least restrictive alternative, so the alternatives come first: powers of attorney, advance health care directives, supported decision-making agreements and a health care surrogate (§1800.3). Under Probate Code §1800.3, amended in 2022, a conservatorship "shall not be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee." The court must consider your parent'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.

The petition has to show this work. The confidential supplemental information filed with it must describe "Alternatives to conservatorship considered by the petitioner or proposed conservator and reasons why those alternatives are not suitable" (§1821). The self-help guide is direct about it: "If you ask to be a conservator, you'll need to explain why some of these won't work for your situation."

The alternatives the law names:

• Power of attorney and advance health care directive. If your parent signed these while able, they may already give the family the authority it needs.
• Supported decision-making. Under Welfare and Institutions Code §21001, it is "an individualized process of supporting and accommodating an adult with a disability to enable them to make life decisions without impeding the self-determination of the adult." The statute's definition of disability includes "dementia, cognitive impairment, Alzheimer’s disease, major neurocognitive disorder." The agreement is signed before two disinterested adult witnesses or a notary.
• Health care surrogate. Under Probate Code §4711, a patient can name a surrogate for health care decisions by personally informing the supervising health care provider; the designation lasts at most 60 days.

Each of these needs your parent to take part. Whether your parent can still sign is a legal question, and it's worth putting to an elder law attorney early, because the answer can change.

Who can be the conservator?

The court chooses, guided by your parent's best interests, and gives preference first to your parent's own stated choice, then to a spouse or domestic partner, then to an adult child (§1812). The list of who can ask is broader. Under Probate Code §1820, a petition may be filed by your parent, their spouse or domestic partner, "A relative of the proposed conservatee.", a public agency, or "Any other interested person or friend of the proposed conservatee." A creditor can't petition unless the creditor is also a spouse, domestic partner, relative or public entity.

The selection is the court's, "guided by what appears to be for the best interests of the proposed conservatee" (§1812). Among people the court finds equally qualified, §1812 gives preference in this order:

1. Your parent's own stated preference, however expressed, including by speech, sign language, actions or facial expressions.
2. A prior conservator's preference for a successor, with exceptions.
3. Your parent's spouse or domestic partner, or someone they nominate.
4. An adult child, or someone the child nominates.
5. Your parent's parent, or their nominee.
6. A sibling, or their nominee.
7. "Any other person or entity eligible for appointment as a conservator".

Your parent can also name the conservator directly. Under §1810, if your parent "has sufficient capacity at the time to form an intelligent preference," they may nominate a conservator, and "The court shall appoint the nominee as conservator unless the court finds that the appointment of the nominee is not in the best interests of the proposed conservatee." A nomination in a durable power of attorney (§4126) or an advance health care directive (§4672) counts too, and "the court shall give effect to the most recent writing."

A spouse who is a party to a divorce, legal separation or annulment against your parent can't be appointed unless the court finds, by clear and convincing evidence, that it's in your parent's best interests (§1813). If no one qualified is willing, the county public guardian may apply, and must if there is an imminent threat to your parent's health, safety or estate (§2920).

How do you get a conservatorship of a parent in California?

You file a petition in the superior court, serve your parent and notify close relatives, and a judge decides at a hearing after a court investigator's report, with a lawyer representing your parent. The steps:

1. File in the right superior court. The petition goes to the superior court in the county where your parent lives, or another county if that's in your parent's best interests (§2201). The Judicial Council forms are the Petition for Appointment of Probate Conservator (form GC-310) and the Confidential Supplemental Information (form GC-312), which covers your parent's needs and the alternatives tried.
2. Get a clinical assessment. The Judicial Council's form GC-335 records a capacity assessment by a California-licensed physician or psychologist. On it, "The petitioner completes items 1 and 2 to give instructions to the clinician. The clinician completes the remainder of the form." Some powers need it by law: an order taking away your parent's right to consent to medical treatment needs a declaration from a licensed physician or psychologist (§1890).
3. Serve your parent and notify the family. The clerk issues a citation to your parent, and "The citation and a copy of the petition shall be served on the proposed conservatee at least 15 days before the hearing" (§1824). Your parent's spouse or partner and the relatives named in the petition, who include relatives within the second degree, get notice at least 15 days before the hearing, and "The court shall not shorten the time for giving the notice of hearing under this section" (§1822).
4. The court investigator visits. Under §1826, the investigator interviews "The proposed conservatee personally," the petitioners and the proposed conservator, and close relatives; explains your parent's rights; reviews medical reports from your parent's doctors; and reports to the court "in writing, at least five days before the hearing." The report is confidential.
5. Your parent gets a lawyer. Under §1471, if your parent has no lawyer and doesn't plan to hire one, "the court shall, at or before the time of the hearing, appoint the public defender or private counsel to represent the person." That lawyer is "a zealous, independent advocate representing the wishes of their client," and your parent can ask for a particular attorney.
6. The hearing. Your parent must be brought to the hearing unless they are out of state, medically unable to attend, or have told the investigator they don't wish to attend or contest it and the court excuses them (§1825). Your parent has "the right to a jury trial, if desired" (§1823). The judge explains the proceeding to your parent and asks their opinion of the conservatorship and of you as conservator (§1828). Relatives and friends may appear to support or oppose it (§1829).
7. Letters of conservatorship. If the petition is granted, the conservator takes an oath, files any bond, and files an acknowledgment that they received the statement of a conservator's duties (form GC-348) before letters issue (§§2300, 1834). Within 30 days, the conservator must deliver the order, with the attached notice of conservatee's rights, to your parent and the relatives (§1830).

What about an emergency?

California has temporary conservatorship for that. Under Probate Code §2250, anyone entitled to petition can ask for a temporary conservator once the general petition is filed, and the request "shall state facts that establish good cause." Unless the court finds good cause to order otherwise, notice of the hearing must be given at least five court days ahead and "personally delivered to the proposed conservatee." The court investigator interviews your parent before the hearing or, if that isn't feasible, "within two court days after the hearing" (§2250.6).

A temporary conservator's powers are narrow: only what is "necessary to provide for the temporary care, maintenance, and support" of your parent and to protect their property (§2252). A temporary conservator can't sell or give up your parent's home or lease "without the specific approval of the court." The powers end when a general conservator is appointed or, unless the court extends them, "Thirty days after the appointment of the temporary guardian or temporary conservator" (§2257). The Judicial Council form is the Petition for Appointment of Temporary Conservator (form GC-111).

What does a conservator have to do?

A conservator gives a bond unless the court waives it, files a care plan, files an inventory and regular accountings for the estate, and reports any change of your parent's residence to the court.

Where your parent lives. A conservator can choose a residence within California without court permission but must pick "the least restrictive appropriate residence" (§2352). Under §2352.5, "It shall be presumed that the personal residence of the conservatee at the time of commencement of the proceeding is the least restrictive appropriate residence for the conservatee," and that presumption can be overcome only by clear and convincing evidence. A move out of state needs court permission first. A locked dementia care facility, or medication for dementia, needs a specific court finding (§2356.5).

Selling the home. Sales of estate property need court authorization, confirmation or direction, apart from exceptions the statute lists (§2540). To sell your parent's present or former home, the conservator must tell the court, discuss the sale with your parent, and report whether your parent supports or opposes it.

Court review. As amended in 2022, §1850 calls for a court investigator visit six months after appointment, then "One year after the initial appointment of the conservator and annually thereafter," including whether "less restrictive alternatives could be tried." The same section says courts aren't required to perform the duties that amendment added until the Legislature funds them. The courts' guide for new conservators describes a review "one year after the conservatorship is granted, then every two years after that," and adds: "Conservators must cooperate with investigators."

A conservator can be removed for reasons including "Failure to file an inventory or an account within the time allowed by law or by court order" (§2650). Our guide to protecting a parent from scams covers the warning signs any conservator should know.

What rights does your parent keep, and how does it end?

The Judicial Council's Notice of Conservatee's Rights (form GC-341) says "the conservatee does not automatically lose the right to make all decisions about their personal care or finances." Every conservatee keeps the right to a lawyer, to "Ask a judge to change the conservator," to "Ask a judge to end the conservatorship," and to "Make or change their will."

Unless the court has limited or taken away the right, your parent also keeps the right to make their own medical decisions, "Receive visits from family and friends," "Receive personal mail, email, and phone calls," "Get married or enter into a registered domestic partnership," vote, and "Directly receive and control their own wages or salary." Deciding where to live is different: a conservatee does that only if the court expressly allows it. Under §1835.5, the court sends your parent a plain-language list of their rights within 30 days and every year after.

A conservatorship "continues until terminated by the death of the conservatee or by order of the court" (§1860). Your parent, the conservator, or "any relative or friend of the conservatee or other interested person" can petition to end it (§1861). At that hearing, under §1863, unless the court finds "on the record and by clear and convincing evidence" that your parent still meets the test and the conservatorship is still the least restrictive alternative, "the court shall enter judgment terminating the conservatorship." If both your parent and the conservator want it ended and no one contests, the court may end it "without an evidentiary hearing."

How much does it cost?

The filing fee for a petition to appoint a conservator is $435, with different amounts in Riverside, San Bernardino and San Francisco, under the Judicial Council's Statewide Civil Fee Schedule, effective January 1, 2026. The schedule lists these probate fees:

Under Probate Code §1851.5, the court can excuse the investigator's assessment for hardship, and hardship is presumed "if the conservatee is receiving Medi-Cal benefits." A fee waiver is available too: the courts' fee waiver page says "If the court gives you a fee waiver, you do not have to pay the filing fee, costs of the investigation, and other fees," and that the waiver is based on your parent's income, not yours. The form is the Request to Waive Court Fees (form FW-001-GC).

What changes on January 1, 2027?

The small-estate limits for excusing a conservator from filing accountings rise on that date. Today, under Probate Code §2628, a court can excuse accountings when the estate, apart from the residence, is worth less than $15,000 and monthly income, not counting public benefit payments, is under $2,000 (§2628). AB 2090, signed July 13, 2026, raises those limits to $30,000 and $3,200, and takes effect January 1, 2027 under the California Constitution's rule for regular-session statutes.

Frequently asked questions

Is guardianship the same as conservatorship in California?

No. In California, a guardianship is for a child, and a conservatorship is for an adult. If your parent can't manage their care or money and didn't sign a power of attorney or advance directive, the court process is a probate conservatorship under Probate Code §1800 and following, with a conservator of the person, of the estate, or both.

Does my parent get a lawyer in a California conservatorship?

Yes. Under Probate Code §1471, if your parent isn't represented and doesn't plan to hire a lawyer, the court must appoint the public defender or private counsel at or before the hearing. That lawyer represents your parent's wishes, not the family's, and your parent can ask for a particular attorney. The citation served on your parent explains this right.

Can a power of attorney avoid a conservatorship?

It can, which is why the court has to consider it. Under §1800.3, a conservatorship can be granted only if it's the least restrictive alternative, and powers of attorney and advance health care directives are on the list. A power of attorney can also nominate a conservator, and the court gives effect to your parent's most recent written nomination.

How long does a temporary conservatorship last in California?

Unless the court orders otherwise, a temporary conservator's powers end 30 days after appointment, or sooner when a general conservator is appointed and qualified, under Probate Code §2257. The court can extend or shorten that time for good cause. A temporary conservator has only the powers needed for your parent's immediate care and to protect their property.

Can a conservator sell my parent's house in California?

Not freely. Sales of estate property need court authorization, confirmation or direction under Probate Code §2540, apart from listed exceptions, and for your parent's present or former home the conservator must tell the court, discuss the sale with your parent, and report whether your parent supports or opposes it. A temporary conservator needs the court's specific approval to sell or give up the home.

Can I file for conservatorship without a lawyer in California?

The Judicial Council forms have a space for a party without an attorney, and the courts' self-help site has fee waiver instructions. For general conservatorships, though, the self-help site's advice is to talk to a lawyer for information or advice. An elder law attorney can say whether a less restrictive option would work first.

Getting started

A conservatorship is what California offers when the documents weren't signed in time. If your parent can still sign a power of attorney and an advance health care directive, that may make the court process unnecessary. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

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Sources

• California Probate Code §1800.3, Least restrictive alternative: the express finding and the alternatives the court must consider.
• California Probate Code §1801, Grounds for appointment: conservator of the person and of the estate, and the clear and convincing standard.
• California Probate Code §1812, Selection of conservator: the order of preference.
• California Probate Code §1826, Court investigator: interviews, medical reports and the written report.
• California Probate Code §1471, Appointment of counsel: the court-appointed lawyer for your parent.
• California Probate Code §2250, Temporary conservator: the emergency petition and notice.
• California Probate Code §1863, Termination hearing: how a conservatorship ends.
• California Welfare and Institutions Code §21001, Supported decision-making: definitions.
• California Courts self-help, Conservatorships: an overview from the Judicial Council.
• California Courts self-help, Options to help someone with an impairment or disability: the less restrictive alternatives.
• Judicial Council form GC-341, Notice of Conservatee's Rights: the rights your parent keeps.
• Judicial Council form GC-310, Petition for Appointment of Probate Conservator: the petition form.
• Judicial Council, Statewide Civil Fee Schedule (effective January 1, 2026): filing fees.
• California Courts self-help, Fee waivers in guardianships and conservatorships: waiving fees based on your parent's income.
• California Legislature, AB 2090 (2026): the accounting exemption change effective January 1, 2027.

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