Conservator Legal Process

1. Prepare and File Petition for Conservatorship

An attorney must prepare a Petition for Conservatorship (a legal document) and file it with the Probate Department of the Superior Court of California. The petition with its attached legal documents asks the court to appoint a specific person to be the conservator of a person and offers proof that:

The proposed conservator meets the legal requirements and can competently manage the conservatee’s affairs.

  1. A surety agency has agreed to issue a bond for the conservator;
  2. The proposed conservatee is “unable to provide properly for his or her personal needs for physical, health, food, clothing, or shelter” (for a conservatorship of the person) or is “substantially unable to manage his or her own financial resources or resist fraud or undue influence” (for conservatorship of the estate). Supporting evidence must be provided to prove either or both of these things; just saying them is not enough.
  3. All legal alternatives to the conservatorship are unsuitable or unavailable.

2. Request Temporary Conservatorship If Needed

Where needed to protect the proposed conservatee’s health or assets, the attorney can prepare and file a request for a temporary conservatorship until the hearing date for the Petition for Conservatorship.

3. Serve Legal Notice

The attorney for the proposed conservator must serve notice of the hearing on any other proposed conservator, the proposed conservatee, the spouse or registered domestic partner of the proposed conservatee, and interested parties (such as family members) who have requested “special notice.” If the conservatee will not be physically or mentally able to attend the hearing on the Petition, a physician’s declaration must be obtained to prove this.

4. Wait for Court Investigation

Everyone must then wait for the court-appointed investigator to interview the proposed conservatee and report back to the court.

5. Attend Court Hearing

About 60 days after the petition is filed, the proposed conservator, proposed conservatee, and other interested persons must attend the public hearing. If several persons have filed petitions to become the conservator, the court will apply legal rules of preference to select between them. If the conservatee opposes the conservatorship, he or she has the right to appear at the hearing and explain why, to request the court to appoint an attorney (which the proposed conservatee must pay for), and to request a jury trial. If the court appoints an attorney for the conservatee and/or orders a jury trial, nothing else will be decided at that time. Otherwise, the court will either deny the conservatorship or will grant it and specify exactly what powers the conservator will have.