Prepared by a licensed U.S. attorney
A conservatorship is a court case in which a judge appoints a conservator to manage the personal care, the finances, or both, of an adult who can no longer do it safely. The adult is the conservatee. The court must find the need by clear and convincing evidence and must find that nothing less restrictive, such as a power of attorney, will work. The conservator then answers to the court for every decision, with inventories, accountings, and periodic reviews. We draft the petition and supplemental information, temporary and limited conservatorship petitions, oppositions, accountings, and petitions to end a conservatorship. You, or your counsel, review, sign, and file.
The short answer
In California, a conservator of the person may be appointed for an adult who cannot provide for their own health, food, clothing, or shelter, and a conservator of the estate for one substantially unable to manage money or resist fraud or undue influence (Probate Code Section 1801). Texas and Florida call the same protection a guardianship.
Prob. 1801 · 1821 · 1826 · 2620
Petition, supplemental facts, accountings, termination
Every California petition starts with a choice of box. A conservator of the person handles the conservatee's care. A conservator of the estate handles the money. The tests are different, and the court will grant only what the facts prove. Section 1801 sets both tests and requires clear and convincing evidence for either, and Section 1800.3(b) bars the court from granting either one without an express finding that it is the least restrictive alternative needed to protect the conservatee.
The order defines the powers. Even a conservator of the person does not control the conservatee's visitors, telephone calls, or personal mail unless the court specifically says so (Section 2351(a)), and the conservator gets the medical decision-making powers of Section 2355 only after a separate finding that the conservatee cannot give informed consent to any form of treatment (Section 1880). A petition that asks for powers the facts do not support invites objection from the investigator and the conservatee's lawyer.
Cal. Prob. Code 1801(a), 2351
Test: The adult cannot properly provide for their own personal needs for physical health, food, clothing, or shelter.
Powers: Care, custody, and control of the conservatee: where they live, daily care, and, if the court finds the conservatee cannot give informed consent to any treatment, medical decisions under Sections 1880 and 2355.
Files with the court: Care plan and status reports; petitions for residence changes or medical authority.
Cal. Prob. Code 1801(b), 2610, 2620
Test: The adult is substantially unable to manage their own financial resources or resist fraud or undue influence. Isolated negligence or improvidence is not enough.
Powers: Collects and protects assets, pays bills, files taxes, and manages investments, returning to court for sales of real property, borrowing, gifts, and other acts the code reserves for court approval.
Files with the court: Inventory and appraisal within 90 days, accountings at one year and then at least every two years, with bank statements attached.
Cal. Prob. Code 1801(c)
Test: Both tests are met. The court can appoint one person to both roles or split them, for example a family member for the person and a professional fiduciary for the estate.
Powers: Both sets of powers, each subject to the limits in the order and in the letters.
Files with the court: Everything above. Most family petitions ask for both.
The difference between conservatorship vs. guardianship is mostly vocabulary, and the vocabulary changes at the state line. In California, an adult gets a conservator (Probate Code Section 1800.3(a)), and guardianship is the proceeding for minors (Section 1500). Texas uses guardianship for adults: a "guardian" includes both the guardian of the estate and the guardian of the person of an incapacitated person (Estates Code Section 1002.012), and in Texas the word conservatorship belongs to the Family Code, where a managing conservator has custody of a child (Family Code Section 153.005). Florida also says guardian: a guardian acts for a ward's person or property, or both, as a limited or plenary guardian (Section 744.102(9)), and the money role is the guardian of the property who files the annual accounting (Section 744.3678).
Other states split the words by role. Connecticut has a conservator of the estate for financial affairs and a conservator of the person for personal affairs (General Statutes Section 45a-644). Michigan appoints a conservator for an individual's estate and affairs (MCL 700.5401) and a guardian for the person (MCL 700.5306). Whatever the name, the petition has to prove the same core facts, and we draft it to the code of the state where the adult lives. For guardianship of a child, or a guardianship in Texas or Florida, see our legal guardianship drafting page.
A conservatorship petition may be filed by the proposed conservatee, a spouse or domestic partner, a relative, a public agency or officer, or any other interested person or friend (Probate Code Section 1820). It names the proposed conservator, says whether the request is for the person, the estate, or both, lists the spouse and relatives within the second degree, and states why a conservatorship is necessary (Section 1821). Unless the petitioner is a trust company, the facts go in a separate, confidential supplemental information form, GC-312, organized under five categories: personal needs, residence, alternatives considered and tried, health or social services in the past year, and finances or undue influence (Section 1821(a)(1)).
A petitioner other than the proposed conservatee also files a declaration of due diligence on the search for relatives and the proposed conservatee's preferences, and states whether the petitioner is a creditor or debtor of the proposed conservatee (Section 1821(d), (e)). The California Courts self-help guide lists the rest of the filing set: the confidential conservator screening form (GC-314), the citation (GC-320), the capacity declaration completed by a physician or psychologist (GC-335), the notice of hearing (GC-020), the proposed order (GC-340), the duties of conservator acknowledgment (GC-348), and the letters (GC-350).
Notice of the hearing goes out at least 15 days before, and the court cannot shorten that time (Section 1822(a)). A court investigator interviews the proposed conservatee, the petitioner, and close family, reviews the medical reports, and files a report at least five days before the hearing (Section 1826). The proposed conservatee can demand a jury trial (Section 1827). When the need cannot wait for that hearing, a temporary conservator can be appointed on a petition showing good cause (Section 2250).
Annotated sample
A fictional excerpt. Category (D), services in the past year, is omitted for space.
(A) Personal needs · 1821(a)(1)(A)
Since March, M.R. has twice been found by neighbors outside her apartment at night without a coat. Her refrigerator held expired food on each of three visits in May. Her primary care physician noted weight loss of 14 pounds in four months.
Why it is written this wayDated, specific events from witnesses, not conclusions like "she can't take care of herself".
(B) Residence · 1821(a)(1)(B)
M.R. lives alone in a second-floor apartment she has rented for 22 years. The petitioner proposes she remain there with in-home care eight hours a day, with a move to assisted living only on further order of the court.
Why it is written this wayThe court wants to know whether she can stay home under the conservatorship. Say so, and why.
(C) Alternatives tried · 1821(a)(1)(C)
M.R. signed no power of attorney or advance health care directive. In June the petitioner proposed a supported decision-making agreement; M.R.'s neurologist reported she could not retain its terms from one visit to the next.
Why it is written this wayThe section requires the alternatives considered, those tried, how long, and why they fail. This is where petitions are most often thin.
(E) Finances and undue influence · 1821(a)(1)(E)
Between April and July, eleven checks totaling more than her monthly income were written to a new acquaintance. Her landlord reports two months of unpaid rent. Bank records are attached as Exhibit 3 to the declaration of the petitioner.
Why it is written this wayTies the estate request to the statutory test in Section 1801(b) with documents, not suspicion.
A limited conservatorship is the California form for a developmentally disabled adult, often a young adult turning 18 whose parents need continuing authority. It may be used only as necessary to protect the person and must be designed to encourage maximum self-reliance and independence. The limited conservatee keeps every legal and civil right the order does not specifically grant to the conservator (Probate Code Section 1801(d)). If the court learns the proposed conservatee has a developmental disability, it treats the case as a limited conservatorship unless the petition seeks authority under Section 2356.5 (Section 1800.3(d)).
Within 30 days after filing, the regional center assesses the proposed limited conservatee, with consent, and reports to the court (Section 1827.5), and notice goes to the regional center at least 30 days before the hearing (Section 1822(e)). If the person has no lawyer and does not plan to retain one, the court appoints counsel immediately (Section 1471(b)). At the hearing the court must dismiss the petition if the person can care for themselves and manage their property as a reasonably prudent person, and otherwise defines the powers to match what the person cannot do (Section 1828.5).
Parents planning for an adult child with a disability often pair the limited conservatorship with a special needs trust so an inheritance does not cost the child public benefits.
An LPS conservatorship, named for the Lanterman-Petris-Short Act, is for a person who is gravely disabled or impaired by chronic alcoholism (Welfare and Institutions Code Section 5350). The California Courts self-help guide notes that family members and other private parties cannot start one; it typically begins with treatment staff where the person is hospitalized.
It is time-limited by statute: an LPS conservatorship ends automatically one year after appointment unless the conservator petitions for reappointment with the opinions of two physicians or qualified psychologists and an attestation that the conservator considered the alternatives, including assisted outpatient treatment and the CARE Act program, and found none suitable (Section 5361(b)). If a probate conservatorship of the person already exists, LPS proceedings run alongside it and control (Section 5350(c)). This page is about the probate conservatorship that families file.
People searching for a conservatorship attorney are usually trying to get one of three jobs done: start a conservatorship, stop one, or fix one. There can be several lawyers in a single case, and they play different roles. The proposed conservatee gets a lawyer of their own. In California, the court must appoint the public defender or private counsel, at or before the hearing, when the proposed conservatee has no lawyer and does not plan to hire one (Probate Code Section 1471(a)), and if the proposed conservatee prefers a particular attorney, the court must allow that attorney even if they are not on the court's appointment list (Section 1471(c)). That lawyer is a zealous, independent advocate for the client's wishes (Section 1471(d)), not for the family, and the investigator tells the proposed conservatee about the right to counsel at the interview (Section 1826(a)(2)). Texas requires an attorney ad litem for every proposed ward (Estates Code Section 1054.001), and Florida requires an appointed attorney for every alleged incapacitated person, who may not also act for the petitioner (Section 744.331(2)(b), (c)).
The petitioner's attorney, if the petitioner hires one, builds the petition and supplemental information, lines up the capacity declaration, handles notice and service, appears at the hearing, and after appointment prepares the inventory, accountings, and requests for court approval. Fees for the conservator's attorney may be paid from the conservatee's estate, but only in an amount the court finds reasonable on a noticed petition (Section 2640). The California Courts self-help guide walks families through a limited conservatorship step by step and tells people who want a conservatorship of the estate or a general conservatorship to talk to a lawyer. In Texas, a guardian of the person may file the annual report without an attorney (Estates Code Section 1163.105). Whether a family member may act without a lawyer at each stage varies by state and county, and we confirm the rule for your court before anything is drafted.
Legal Tank is not a law firm and does not appear in court. We do the document work: the petition, the supplemental facts, the declarations, the oppositions, the accountings, and the termination papers, drafted to the code and the local forms. A family can file what we draft on its own, and a petitioner's attorney can hand us the drafting and keep the court work.
The cost of a conservatorship has two parts: getting appointed and staying in compliance. In California, the self-help guide says filing fees start at $435, with a separate investigation fee each court sets, and the court can waive the fees based on the proposed conservatee's income and benefits using form FW-001-GC. After appointment, the conservator and the conservator's attorney can be paid from the estate only on court order (Probate Code Section 2640).
The reporting is where most of the long-term work is. A California conservator of the estate files an inventory and appraisal within 90 days of appointment and delivers it to the conservatee and close relatives with notice of how to object (Section 2610). The first accounting is due one year after appointment and then at least every two years, on the Judicial Council form, with the account statements, escrow closing statements, and care facility bills attached (Section 2620). The court investigator also visits six months after appointment, one year after, and annually after that, where the court is funded to do so (Section 1850). Texas requires an annual account from the guardian of the estate by the 60th day after each anniversary of qualifying (Estates Code Section 1163.001), and Florida requires an annual accounting from every guardian of the property, with year-end statements and a clerk audit fee paid from the ward's estate (Section 744.3678).
Inventory and appraisal, under oath, delivered with notice of how to object (Cal. Prob. Code 2610).
Court accounting with original statements for every account (Cal. Prob. Code 2620).
Any interested person can ask the court to order an accounting or a review hearing (Cal. Prob. Code 1850(b)).
Much of this cost is avoidable with planning done while a person still has capacity. A durable power of attorney and a funded living trust are the planning that keeps a family out of court. Powers of attorney, advance health care directives, health care surrogate designations, and supported decision-making agreements are the alternatives Section 1800.3(c) directs the court to consider, and the supplemental information form asks about each (Section 1821(a)(1)(C)).
A California conservatorship lasts until the conservatee dies or the court ends it (Probate Code Section 1860(a)). The conservator, the conservatee, a spouse or domestic partner, or any relative, friend, or interested person may petition to terminate, and the petition must state facts showing the conservatorship is no longer required (Section 1861). The burden then sits on keeping it: the court must enter judgment terminating the conservatorship unless it finds, by clear and convincing evidence, that the conservatee still meets the Section 1801 criteria and that the conservatorship remains the least restrictive alternative (Section 1863(c)). If both the conservator and conservatee want it ended and no one contests, the court can terminate without an evidentiary hearing (Section 1863(h)). The conservatee can demand a jury (Section 1863(a)), and a limited conservatorship ends under its own section (Section 1860.5).
Texas puts the burden on the person asking. A ward or anyone interested in the ward's welfare may apply for an order restoring capacity or modifying the guardianship (Estates Code Section 1202.051), and the applicant carries the burden of proof at the hearing (Section 1202.151(b)). Florida begins with a suggestion of capacity filed by any interested person, including the ward; the court appoints a physician who must examine the ward and report within 20 days, and objections are due within 20 days after notice (Section 744.464). Ending the case also ends the accounting obligations only after the final account is approved and the conservator is discharged (Cal. Prob. Code 1863(e)).
Each paper is its own project, or we draft the full sequence. Every draft cites the code of the state where the adult lives and follows that court's local forms. The right column tells you when each paper is the one you need now.
The GC-310 petition and its attachments, the confidential GC-312 supplemental information with facts for each category in Probate Code Section 1821(a), the due diligence declaration on relatives and the proposed conservatee's preferences (Section 1821(d)), and any request for medical consent powers.
Use it whenSomeone you love can no longer manage care or money and nothing less restrictive is working.
A petition under Section 2250 stating facts that show good cause for a temporary conservator to act until the general petition is heard, with declarations showing what will happen to the person or the money if the court waits.
Use it whenMoney is leaving the accounts now, or a hospital discharge or eviction cannot wait for the regular hearing.
For an adult with a developmental disability: the petition that requests only the specific powers of the seven in Section 2351.5(b) the facts support, with the regional center notice required by Sections 1822(e) and 1827.5.
Use it whenYour adult child or sibling has a developmental disability and needs help in some areas of life, not all.
A written opposition for a relative who objects to the conservatorship, to the proposed conservator, or to the powers requested, with declarations on the less restrictive alternatives Section 1800.3 requires the court to consider and a competing nomination where one fits.
Use it whenA petition was served on you and you disagree with who should serve or whether anyone should.
The inventory and appraisal under Section 2610, the periodic accounting under Section 2620 on the Judicial Council forms with schedules and supporting statements, and, for a family member reading someone else's accounting, objections that trace each unexplained transfer.
Use it whenAn inventory or accounting is due, or an accounting you received does not add up.
A petition under Section 1861 stating facts showing the conservatorship is no longer required, a petition to change a limited conservator's powers under Section 2351.5(c), or a petition to remove a conservator, with the declarations each requires.
Use it whenThe conservatee has recovered, a less restrictive option now works, or the conservator is the problem.
The state where the adult lives decides the name, the forms, who proves what, and how often the fiduciary reports. The table is the frame our drafters start from. A case in another state is drafted to that state's code, confirmed before any work begins.
| Issue | California (Probate Code) | Texas (Estates Code) | Florida (Ch. 744) |
|---|---|---|---|
| Name of the proceeding | Conservatorship: conservator of the person, of the estate, or both (Prob. Code 1801) | Guardianship: guardian of the person and guardian of the estate (Est. Code 1002.012); "conservatorship" in Texas means child custody (Fam. Code 153.005) | Guardianship: a guardian acts for the ward's person or property, or both; limited or plenary (744.102(9)); the money role is the guardian of the property (744.3678) |
| Who may file | The proposed conservatee, spouse or domestic partner, a relative, a public agency or officer, or any interested person or friend; a creditor only if also in one of those groups (1820) | Any person, by a sworn written application (1101.001) | An adult, by a verified petition to determine incapacity, filed together with any petition for appointment of a guardian (744.3201) |
| Proof of the need | Clear and convincing evidence (1801(e)), plus an express finding that the conservatorship is the least restrictive alternative (1800.3(b)) | Clear and convincing evidence of incapacity, best interest, and that alternatives and supports were considered and are not feasible (1101.101(a)(1)) | A three-member examining committee, one a psychiatrist or other physician, is appointed within 5 days of the petition (744.331(3)) |
| Lawyer for the person | Court appoints the public defender or private counsel if the person has no lawyer and does not plan to retain one, and must allow an attorney the person prefers; immediately in a limited conservatorship (1471(a), (b), (c)) | Court shall appoint an attorney ad litem for the proposed ward (1054.001) | Court shall appoint an attorney for every alleged incapacitated person; that attorney cannot also act for the petitioner (744.331(2)(b), (c)) |
| Money reporting | Inventory within 90 days (2610); accounting at 1 year, then at least every 2 years (2620) | Annual account due by the 60th day after each anniversary of qualifying (1163.001) | Annual accounting by every guardian of the property, with year-end bank statements and a clerk audit fee (744.3678) |
| Ending it | Petition to terminate (1861); court must end it unless the criteria and least restrictive finding are still proved by clear and convincing evidence (1863(c)) | Application to restore capacity or modify (1202.051); the applicant carries the burden (1202.151(b)) | Suggestion of capacity; a physician examines within 20 days and objections are due in 20 days (744.464) |
Send what you have and the date. We return scope and a delivery date in one business day, set against your hearing and drafted to your state's code.
You do not need every item to start. Send what you have through the secure matter portal and we will tell you what is missing.
Tell us who needs help, what has happened, and where they live. Upload any papers already filed or served through the secure matter portal.
We sort what you know into the categories the petition must address, flag what is missing (often the alternatives tried), and confirm the state and county rules.
A written scope lists each paper: the petition, the supplemental information, declarations, a temporary petition if needed, and the proposed order. The date is set against your hearing.
Every fact is dated and sourced. You correct what is wrong, and we revise until the petition says what happened.
The petition is verified by the petitioner, filed, noticed, and served. Inventories and accountings follow on the court's schedule.
If a successor trustee, not a conservator, controls the assets and will not account, the paper is a petition to remove the trustee.
Disputes over the will, the estate, or transfers made during the conservatorship move to the probate case. See probate litigation drafting.
An order appointing or refusing a conservator can be appealed on a short deadline. See appellate brief drafting.
Planning ahead so no one ever needs to file? See estate planning documents. For record review and deposition work once a conservatorship is contested, see litigation support.
This page explains the statutes and what we draft. It is not legal advice about your case, and Legal Tank does not represent you in court.
Tell us who needs protection, what has happened, and the county, or send the papers you were served. We scope every paper the conservatorship needs and return a delivery date in one business day, and the draft comes back for you or your counsel to sign and file.
Quotes return same business day on intakes received before 5 PM ET
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