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Conservatorship Drafting

What a Conservatorship Is, Who Can Ask for One, and the Court Papers It Takes

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.

California, Texas, and Florida statutes checked against the official codes
A conservatorship petition split into person and estateA drafted Petition for Appointment of Probate Conservator, form GC-310, with two boxes checked: conservator of the person and conservator of the estate. Beside it, a confidential supplemental information attachment lists the five fact categories the California Probate Code requires, and a set of letters of conservatorship carries a court seal.CONFIDENTIALSupplemental InformationA. Health, food, shelterB. ResidenceC. Alternatives triedD. Services last yearE. Finances, undue influenceConservatorship ofPETITION FORAPPOINTMENT OFPROBATE CONSERVATORConservator of the personConservator of the estateLimited conservatorPetitioner signs and verifiesGC-310LETTERS OFCONSERVATORSHIPSEAL
Two Kinds of Conservator

Conservator of the Person vs. Conservator of the Estate

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.

Conservator of the person

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.

Conservator of the estate

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.

Conservator of the person and estate

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.

Names by State

Conservatorship vs. Guardianship: Same Protection, Different Names by State

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.

What each state calls the person who manages care and money for an adultA chart of five states. California and Connecticut call both roles a conservator: conservator of the person and conservator of the estate. Michigan calls the property manager a conservator. Texas calls both roles a guardian: guardian of the person and guardian of the estate. Florida uses guardian of the person and guardian of the property. In Texas, the word conservatorship refers to custody of a child under the Family Code.SAME COURT PROTECTION, DIFFERENT NAMESCare of the adult (the person)Money and property (the estate)CaliforniaProb. Code 1801Conservator of the personConservator of the estateConnecticutGen. Stat. 45a-644Conservator of the personConservator of the estateMichiganMCL 700.5306, 700.5401GuardianConservatorTexasEst. Code 1002.012Guardian of the personGuardian of the estateFloridaStat. 744.102, 744.3678Guardian of the personGuardian of the propertyDark boxes use the word conservator. In Texas, "conservatorship" means child custody (Family Code 153.005).
The Petition

The Conservatorship Petition: What California Requires on GC-310 and GC-312

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).

The life of a California probate conservatorshipA timeline. The petition and confidential supplemental information are filed. Notice goes out at least 15 days before the hearing under Probate Code Section 1822. The court investigator reports at least five days before the hearing under Section 1826. At the hearing the court decides by clear and convincing evidence and letters issue. The inventory and appraisal is due within 90 days under Section 2610, and the first accounting at one year, then at least every two years, under Section 2620. A gold bar beneath shows investigator reviews and the right to petition to terminate under Sections 1850 and 1861.FROM PETITION TO FIRST ACCOUNTINGPetition filedGC-310 + GC-312Notice15 days before hearingInvestigatorreport 5 days beforeHearingletters issueInventorywithin 90 daysFirst account1 year, then biennialReviews and the right to petition to terminate (1850, 1861)

Annotated sample

Supplemental information facts, written to the Section 1821 categories

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.

Developmental Disabilities

Limited Conservatorship for an Adult With a Developmental Disability

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.

Mental Health

LPS Conservatorship Is a Separate Mental Health Proceeding

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.

Lawyers in the Case

Conservatorship Attorney: Who Has One, What They Do, and What We Draft

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.

What we draft

  • Petition, supplemental information, and due diligence declaration.
  • Temporary and limited conservatorship petitions.
  • Oppositions, objections, and competing nominations.
  • Inventories, accountings, objections, and termination petitions.

What you or your counsel do

  • Decide whether to file and what to ask for.
  • Sign and verify the petition under penalty of perjury.
  • File, pay or waive the fees, and serve the citation and notice.
  • Meet the investigator and appear at the hearing.
Cost and Reporting

What a Conservatorship Costs, and the Accounting Duties That Come With It

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).

Within 90 days

Inventory and appraisal, under oath, delivered with notice of how to object (Cal. Prob. Code 2610).

At 1 year, then every 2

Court accounting with original statements for every account (Cal. Prob. Code 2620).

Any time

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)).

Termination

Ending a Conservatorship: Termination, Modification, and Restoration of Rights

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)).

What We Draft

Conservatorship Papers We Draft, From the First Petition to the Final Account

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.

Petition for Appointment of Conservator and Supplemental Information

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.

Petition for Temporary Conservatorship

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.

Limited Conservatorship Petition

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.

Opposition or Objection to a Conservatorship

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.

Inventory, Accountings, and Objections to Accountings

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.

Petition to Terminate, Modify, or Remove

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.

State Law Side by Side

Adult Conservatorship and Guardianship in California, Texas, and Florida

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.

IssueCalifornia (Probate Code)Texas (Estates Code)Florida (Ch. 744)
Name of the proceedingConservatorship: 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 fileThe 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 needClear 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 personCourt 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 reportingInventory 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 itPetition 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)

A hearing date, an investigator visit, or an accounting due?

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.

How It Works

What to Gather Before We Draft, and How the Drafting Runs

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.

  1. 1The proposed conservatee's full name, date of birth, address, and how long they have lived there.
  2. 2Names and addresses of the spouse or domestic partner and of relatives within the second degree (parents, children, siblings, grandparents, grandchildren).
  3. 3Any power of attorney, advance health care directive, trust, or will the person signed, with dates.
  4. 4Diagnoses, medications, and the names of treating doctors, plus the doctor willing to complete the capacity declaration.
  5. 5A dated list of incidents: falls, wandering, missed medications, unpaid bills, scams, or suspicious transfers.
  6. 6Recent statements for every bank, brokerage, and retirement account, and the deed to any real property.
  7. 7Monthly income sources: Social Security, pensions, VA benefits, rental income.
  8. 8What has already been tried (in-home care, a daily money manager, supported decision-making) and why it failed.
  9. 9The proposed conservatee's own wishes about the conservatorship and about who should serve.
  10. 10If a case is already open: the case number, hearing date, investigator report, and any papers served on you.
01

You send the facts and the county

Tell us who needs help, what has happened, and where they live. Upload any papers already filed or served through the secure matter portal.

02

We map the facts to the statute

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.

03

Scope and a delivery date in one business day

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.

04

We draft, you review, we revise

Every fact is dated and sourced. You correct what is wrong, and we revise until the petition says what happened.

05

You or your counsel sign and file

The petition is verified by the petitioner, filed, noticed, and served. Inventories and accountings follow on the court's schedule.

When the dispute reaches past the conservatorship

When the money sits in a trust

If a successor trustee, not a conservator, controls the assets and will not account, the paper is a petition to remove the trustee.

When the conservatee has died

Disputes over the will, the estate, or transfers made during the conservatorship move to the probate case. See probate litigation drafting.

When the court has ruled

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.

FAQ

Questions Families Ask About Conservatorship

What does it mean to be in a conservatorship?
It means a judge has found, by clear and convincing evidence, that an adult cannot properly provide for their own physical health, food, clothing, or shelter, or cannot substantially manage their own money or resist fraud or undue influence, and has appointed someone else to act for them (California Probate Code Section 1801). The adult, called the conservatee, loses the rights the order transfers to the conservator: often the right to decide where to live, to consent to medical treatment, or to sign contracts and manage accounts. The conservatee keeps every right the order does not take, including, in California, the right to receive visitors, calls, and mail unless the court specifically limits it (Section 2351(a)). The arrangement lasts until the conservatee dies or the court ends it (Section 1860).
What are the disadvantages of a conservatorship?
Four stand out. It takes away legal rights, and only a court can give them back. It is public: the petition, the hearing, and the accountings are court records, although California keeps the supplemental information and the investigator's report confidential (Sections 1821(a)(5) and 1826(c)). It is expensive and slow, because there are filing and investigation fees, court-approved fees for the conservator and the conservator's attorney paid from the conservatee's estate (Section 2640), and a court process for major decisions. And it never stops reporting: an inventory within 90 days and accountings at one year and then at least every two years in California (Sections 2610 and 2620). That is why the court must first find that nothing less restrictive, such as a power of attorney or supported decision-making, will work (Section 1800.3).
How much does it cost for a conservatorship in California?
Court costs come first. The California Courts self-help guide says conservatorship filing fees start at $435, and each court sets a separate fee for the court investigation. If the proposed conservatee receives public benefits, has household income under the limit on form FW-001-GC, or cannot meet basic needs and pay the fees, the court can waive them, and the test uses the conservatee's income, not the petitioner's. Beyond court costs, the court may award just and reasonable compensation to the conservator and reasonable fees to the conservator's attorney, charged to the conservatee's estate after a noticed petition (Probate Code Section 2640). A probate referee's appraisal of the inventory (Section 2610(c)) and ongoing accountings add to the total in an estate conservatorship. Our drafting is quoted separately per matter after we read the papers.
How to get probate conservatorship?
In California, a relative, spouse, friend, public agency, or the proposed conservatee files a petition in the probate department of the superior court (Probate Code Section 1820), usually on Judicial Council form GC-310 with the confidential supplemental information on GC-312. The petitioner gives at least 15 days' notice of the hearing to the spouse and close relatives (Section 1822), has the citation served on the proposed conservatee, and obtains a capacity declaration from a physician or psychologist on GC-335 where the court needs one. A court investigator interviews the proposed conservatee and family and reports at least five days before the hearing (Section 1826). At the hearing the court decides by clear and convincing evidence, and the conservator files the duties acknowledgment (GC-348) with the proposed order and letters. A lawyer often represents the petitioner, and the court appoints counsel for a proposed conservatee who has no lawyer and does not plan to retain one (Section 1471). We draft the petition and attachments for the petitioner or their counsel to sign and file.
Do you get paid to be someone's conservator?
You can be, with court approval. In California, a conservator of the estate may petition, no sooner than 90 days after letters issue and after the inventory is filed, for an order allowing compensation for the conservator of the estate, the conservator of the person, and the conservator's attorney (Probate Code Section 2640(a)). The court allows what it finds just and reasonable for the conservator and reasonable for the attorney, and the payment comes from the conservatee's estate (Section 2640(c)). A family member who serves may ask for compensation the same way, and many serve without it. Licensed professional fiduciaries must disclose their proposed fee schedule in the petition itself (Section 1821(c)). Payment taken without a court order is a problem the next accounting will show.
Is conservatorship the same as executor?
No. A conservator acts for a living adult whom a court has found unable to manage their care or finances. An executor, or personal representative, administers the estate of a person who has died, under a will or the intestacy rules. The two roles meet at death: a California conservatorship ends when the conservatee dies (Probate Code Section 1860(a)), and the conservator's final accounting must split the period before death from the period after it (Section 2620(b)). From there, the assets pass through the decedent's own estate process. If the dispute is about a will or an estate after death, see our probate litigation drafting page.

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.

Ready When You Are

Get the Petition Drafted Before the Hearing Date

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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