Conservatorship and Guardianship in California

Types of conservatorship

California law recognizes several kinds:

• Conservatorship of the person — care, residence, health decisions and daily needs (Probate Code §1801(a)).
• Conservatorship of the estate — finances, property and income (§1801(b)).
• Limited conservatorship — for adults with developmental disabilities, tailored to the person’s needs and designed to promote independence (§1801(d)).
• Temporary conservatorship — short-term authority while a petition is pending, when urgent action is needed.
• LPS conservatorship — a separate mental-health conservatorship under the Welfare and Institutions Code, usually started by the county.

Alternatives come first

Before appointing a conservator, the court considers whether less restrictive alternatives would protect the person (Probate Code §1800.3). These include a durable power of attorney for finances, an advance health care directive, a funded living trust with a successor trustee and a supported decision-making agreement, which lets an adult keep making decisions with help from trusted supporters (§21000 and following). Documents signed while a person still has capacity are usually the best way to avoid a conservatorship.

Starting a conservatorship

A spouse, relative, friend or public official files a petition in the superior court of the county where the proposed conservatee lives. Close relatives must receive notice, and the proposed conservatee is personally served. A court investigator meets with the proposed conservatee, explains their rights — including the right to oppose the petition and to be represented by an attorney — and reports to the court. A physician’s capacity declaration is often needed, particularly when the petition asks for authority over medical decisions or placement for dementia care (§2356.5).

What a conservator does

A conservator of the person arranges care and residence and, if authorized, consents to medical treatment. A conservator of the estate takes control of assets, files an inventory and appraisal, pays bills, invests prudently and keeps the conservatee’s money separate. The conservator acts in the conservatee’s best interest and respects the conservatee’s wishes and values wherever possible. A conservator of the estate generally posts a bond unless the court waives it (§2320).

Court supervision and accountings

A conservator of the estate files a first accounting one year after appointment and then at least every two years (Probate Code §2620), showing every receipt and expense. A court investigator reviews the conservatorship periodically and reports on whether it is still needed. Major transactions — selling the conservatee’s residence, making gifts or changing an estate plan through substituted judgment (§2580) — require separate court approval.

Limited conservatorships for adults with developmental disabilities

A parent of a young adult with a developmental disability may petition for a limited conservatorship, which grants only the specific powers the person needs — for example, decisions about residence, education, medical consent or contracts. The regional center prepares an assessment, and the court must favor the person’s independence and self-reliance. Supported decision-making may meet many of the same needs without a court order.

Guardianship of a minor

A guardian of the person cares for a child whose parents have died, cannot care for the child or have consented; a guardian of the estate manages a child’s property. Parents can nominate a guardian in a will or in a separate signed nomination (Probate Code §1500–1502), and the court gives the nomination weight. A guardianship of the person ends when the child turns 18.

Inheritances for minors without a court guardianship

A child under 18 cannot take control of significant property, so an inheritance left outright may require a guardianship of the estate. A trust for the child, or a custodian under the California Uniform Transfers to Minors Act (Probate Code §3900 and following) who holds the property until an age between 18 and 25 named in the transfer, avoids that court process.

Ending or changing a conservatorship

A conservatorship can be modified when needs change and terminated when the conservatee regains capacity or alternatives are in place; it ends at the conservatee’s death. The conservatee, a relative or the conservator can petition the court, and the conservatee has the right to ask that the conservatorship end.