A contested conservatorship with attorneys on both sides can cost $10,000–$30,000 or more before the first hearing ends. If a family member has already lost capacity and no one thought to execute a Durable Power of Attorney while there was still time, court-supervised conservatorship may be the only option available. But for families who still have time to plan, a properly drafted DPOA under Probate Code §4401 and/or an Advance Health Care Directive (§4701) can eliminate the need for conservatorship entirely — at a fraction of the cost, with none of the ongoing court oversight.
If you are already past that window, this guide walks you through the California conservatorship petition process step by step — the forms, the deadlines, the hearings, and the ongoing duties — so you can file without an attorney.
What Is a Conservatorship?
Under Probate Code §1800 et seq., a conservatorship is a court-supervised arrangement in which one person (the conservator) is appointed to manage the finances, personal care, or both of another adult (the conservatee) who lacks the capacity to manage those matters on their own.
There are two types of authority a court can grant:
- Conservator of the Person (Prob. Code §2351) — authority over decisions about the conservatee's residence, medical care, and daily needs
- Conservator of the Estate (Prob. Code §2401) — authority to manage financial assets, real property, income, and investments
Courts frequently grant both together, but sometimes only one is needed. An elderly parent who is fully capable of making personal decisions but cannot manage finances may need only an estate conservatorship, for example.
Temporary conservatorship (Prob. Code §2250) is available on an ex parte basis for emergencies. A temporary conservatorship lasts approximately 30 days pending the full hearing and is appropriate when someone faces an immediate financial or medical threat.
General vs. Limited conservatorship:
- General (§1801) — for adults who lack capacity across the board
- Limited (§1828.5) — for adults with developmental disabilities; grants only the specific rights the court identifies as necessary, with Regional Center typically involved in the assessment
Conservatorship vs. Guardianship
The distinction matters because filing in the wrong track wastes time and money:
- Guardianship (Prob. Code §1510) — for minors (under 18)
- Conservatorship (Prob. Code §1800) — for adults (18 and older)
Both are probate court proceedings with similar paperwork structures and hearing requirements. If you need to establish legal authority over a minor, see our California Guardianship guide instead.
LPS Conservatorship: A Different Track
You may have heard the term Lanterman-Petris-Short (LPS) conservatorship. This is a separate legal track under Health & Safety Code §5350 et seq., designed for adults with severe mental illness who are gravely disabled — meaning they cannot provide for their own food, clothing, or shelter as a result of mental disorder.
LPS conservatorships are initiated by the county public guardian — they are not available to private families petitioning on their own. The process begins with a 5150 psychiatric hold, progresses to a 5250 hold, then a 5270, and eventually an investigation by the public guardian's office. It is an entirely different system.
If you are trying to establish conservatorship for an elderly parent, a loved one with cognitive decline, or a family member with a physical disability or developmental disability — that is probate conservatorship under Prob. Code §1800 et seq., which is what this guide covers.
Who Can File
Probate Code §1820 authorizes any of the following to petition for conservatorship:
- Spouse or registered domestic partner
- Relative (parent, child, sibling, grandparent, etc.)
- Friend or any interested person
- State or local agency
- County public guardian
Notably, the proposed conservatee can petition for their own conservatorship (§1820(a)(5)) — sometimes a person in the early stages of a condition wants the protection of court oversight while they still have capacity to participate in the process.
No attorney is required. Self-represented petitioners file the same forms and follow the same procedure.
The Conservatorship Process: Step-by-Step
Step 1 — File the Petition
File in the probate division of the Superior Court in the county where the proposed conservatee lives (Prob. Code §2201). Do not file in family law — this is a common and costly mistake.
Required forms:
| Form | Purpose |
|---|---|
| GC-310 | Petition for Appointment of Probate Conservator — the primary petition |
| GC-310(P) | Confidential Supplemental Information — medical and personal details, sealed from public |
| GC-310(CA) | Capacity Declaration — Conservatorship — completed by a physician; required for general conservatorship |
Filing fee: $400–$550 depending on county. If you cannot afford the fee, file FW-001 (Application for Waiver of Court Fees) at the same time.
The GC-310(CA) capacity declaration must be completed by a licensed physician before you file. Do not skip this — a petition filed without a signed capacity declaration will be rejected or delayed at the hearing.
Step 2 — Notice to Interested Parties
Personal service on the proposed conservatee is mandatory and cannot be waived (Prob. Code §1822). The conservatee must be personally served with notice of the hearing and informed of their rights — including the right to oppose, the right to request their own attorney, and the right to a jury trial if they contest.
Under Prob. Code §1821, notice must also be given to:
- Spouse or domestic partner
- Parents, children, and siblings
- Any person nominated as conservator in a power of attorney or advance health care directive
Forms served: GC-020 (Notice of Hearing) and GC-022 (Duties of Conservator and Acknowledgment of Receipt)
Minimum notice period: 15 days before the hearing (§1215)
Step 3 — Court Investigator Report
Probate Code §1826 requires a court investigator — appointed by the court — to personally interview the proposed conservatee, review the petition, and file a written report before the hearing.
The investigator evaluates:
- Whether the proposed conservatee actually lacks capacity
- The conservatee's own preferences about who should serve
- Whether conservatorship is the least restrictive alternative available
In many counties, the investigator will recommend a limited conservatorship rather than a general one, or suggest that a DPOA or AHCD could address the situation without court oversight. This report carries significant weight with the judge.
Step 4 — The Hearing
If the conservatorship is uncontested, the hearing is typically brief. The judge reviews the court investigator's report and the physician's capacity declaration (GC-310(CA)) and enters the order if both support appointment.
If the conservatorship is contested — a family member objects, the proposed conservatee opposes, or someone disputes the choice of conservator — the hearing becomes a full evidentiary proceeding with testimony, cross-examination, and potentially expert witnesses. This is where attorney fees spike to $10,000–$30,000+.
The judge applies a least restrictive alternative standard throughout: if a less restrictive arrangement (such as a DPOA, AHCD, or supported decision-making agreement) exists or is feasible, the court may deny conservatorship entirely or limit its scope.
Step 5 — Letters of Conservatorship
If the petition is granted, the court issues Letters of Conservatorship — the official document that proves your authority to act on the conservatee's behalf.
Order 4–6 certified copies (~$25 each). Banks, medical providers, government agencies, and financial institutions will each require an original certified copy. Do not underestimate how many you will need.
Bond requirement: A Conservator of the Estate must post a bond (Prob. Code §2320) unless the court waives it. The bond amount is tied to the value of the estate assets. Bond premiums typically run 0.5–1% of the bond amount annually.
Step 6 — Ongoing Duties
Conservatorship does not end at the hearing. Ongoing court oversight is required:
Conservator of the Estate:
- File GC-040 (Inventory and Appraisal) within 90 days of appointment (§2610). A probate referee must appraise non-cash assets; you cannot self-appraise.
- File annual accountings (GC-400 series) every year. Missing this deadline triggers an Order to Show Cause and can result in your removal as conservator.
Conservator of the Person:
- File an annual status report (GC-250) every year reporting on the conservatee's living situation, health, and care.
Conservatee's retained rights (Prob. Code §1880 et seq.): The conservatee retains the right to vote, the right to marry, and the right to make healthcare decisions — unless the court specifically removes those rights by order. Conservatorship does not strip all rights automatically.
Need help with the forms?
Bigfirmlit prepares court-ready conservatorship petition packets for self-represented individuals in California — correctly formatted, LDA-compliant, ready to file. Get Your Conservatorship Document Packet →
Costs Without an Attorney
| Item | Estimated Cost |
|---|---|
| Court filing fee | $400–$550 |
| Court investigator fee | $300–$500 (often waivable for low income) |
| Certified copies of Letters | ~$25 each (order 4–6) |
| Bond premium (estate conservatorship) | 0.5–1% of estate value annually |
| Total self-represented | ~$800–$1,500 |
| With attorneys (contested) | $10,000–$30,000+ |
Filing with professional document preparation — and no attorneys — keeps the cost in the $800–$1,500 range for most families.
Alternatives to Conservatorship
If the person still has capacity to sign documents, these alternatives should be considered first — they are faster, cheaper, and impose no ongoing court oversight:
Durable Power of Attorney (Prob. Code §4401) — The most powerful alternative. A properly executed DPOA allows the agent to manage finances, real property, business affairs, and more — all without court involvement. It must be signed before the principal loses capacity. See our full guide: How to Prepare a Power of Attorney in California.
Advance Health Care Directive (Prob. Code §4701) — Covers healthcare decisions only. Appoints a healthcare agent and optionally specifies treatment preferences. Also must be signed before incapacity.
Revocable Living Trust (Prob. Code §15200 et seq.) — Transfers assets into a trust structure managed by a successor trustee if the grantor becomes incapacitated. No court required if properly funded. See our comparison: California Living Trust vs. Will.
Representative Payee (Social Security) — Manages SSI or SSDI payments only. No court required. Appropriate when the only income is federal benefits and the person cannot manage those funds.
Supported Decision-Making Agreement — An informal arrangement where a trusted person helps someone with a disability make decisions without taking over legal authority. Not yet broadly codified in California law, but courts recognize it as a less restrictive alternative when evaluating conservatorship petitions.
If it is too late for preventive documents — the person has already lost capacity and no DPOA was executed — conservatorship is the legal path forward. For related probate court proceedings, see our California Probate guide.
Common Mistakes
1. Filing too late. Waiting until a financial emergency strikes — when the person already lacks capacity AND no DPOA was executed — forces the court process on a crisis timeline. Plan ahead.
2. Failing to serve the proposed conservatee personally. Personal service under §1822 is mandatory and cannot be waived. Mail service is not sufficient for the initial notice. Cases are continued — or dismissed — for this error alone.
3. Missing the GC-310(CA) physician declaration. The capacity declaration must be completed by a licensed physician before you file. The petition will stall without it.
4. Not posting bond for estate conservatorship. Prob. Code §2320 requires a bond tied to estate value. Failing to post bond delays issuance of Letters of Conservatorship.
5. Missing annual accounting deadlines. The GC-400 annual accounting is a continuing court obligation. Missing the deadline triggers an Order to Show Cause. Repeated failures lead to removal as conservator.
6. Filing in family law instead of probate. Conservatorship petitions go in the probate division of the Superior Court, not family law. Check the court's local rules for the correct filing window and courtroom.
Prepare Your Conservatorship Petition Documents
Bigfirmlit provides self-help document preparation for California conservatorship petitions — GC-310, GC-310(P), GC-310(CA), notice packages, and companion documents, all formatted to California court standards.
Estate Planning Document Packet →
Power of Attorney Document Packet → (if it's not too late — a DPOA avoids conservatorship entirely)
Bigfirmlit is a non-attorney, self-help legal document preparation service registered as a Legal Document Assistant under California Business and Professions Code §6400 et seq. We prepare documents at the direction of self-represented individuals. We are not attorneys and do not provide legal advice, legal representation, or legal services. Nothing in this guide constitutes legal advice. For legal advice, consult a licensed California attorney.