What Is a Conservatorship in California?

When an adult can no longer manage their personal care or financial affairs, a conservatorship may be necessary. In Santa Clara County, California, conservatorship proceedings are generally handled through the Probate Division of the Superior Court.

Understanding what a conservatorship involves, who may petition the court, and the responsibilities of an appointed conservator can help families navigate this complex legal process.

This guide explains the different types of conservatorships, court procedures, medical and financial decision-making authority, alternatives to conservatorship, and considerations involving the sale of real property.

What You’ll Learn:

• When a conservatorship may be necessary
• Types of conservatorships in California
• How conservatorships are established in Santa Clara County
• Common court forms, filing procedures, and hearing requirements
• Conservator responsibilities and ongoing court oversight
• How real estate sales are handled during a conservatorship

 

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In California, conservatorships generally provide court-supervised protection for adults who cannot manage certain personal or financial affairs. In Santa Clara County, general probate conservatorships are established through the Probate Division of the Superior Court.

 

 

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What is a Conservatorship?

A conservatorship is a court-supervised legal arrangement in which a judge appoints someone to manage certain personal care needs, financial affairs, or both, for an individual who cannot adequately manage those responsibilities.

The person appointed by the court is called the conservator. The individual receiving assistance is called the conservatee.

A petition requesting a conservatorship of the person, the estate, or both is filed with the Superior Court.

A conservator’s responsibilities depend on the type of conservatorship and the authority granted by the court. For additional information, see our video, Conservatorship vs. Trust.

Conservator of the Person

A conservator of the person may be responsible for:

• Arranging appropriate housing and living accommodations.
• Coordinating personal care and daily living needs.
• Making authorized decisions concerning the conservatee’s care, safety, and well-being.

Some individuals who require conservatorships experience cognitive impairment, including Alzheimer’s disease or other forms of dementia. However, a medical diagnosis alone does not automatically establish the need for a conservatorship.

Conservator of the Estate

A conservator of the estate manages financial matters within the authority granted by the court. Responsibilities may include:

• Managing income, assets, and financial accounts.
• Paying bills and necessary expenses.
• Protecting and maintaining the conservatee’s property.
• Consulting financial or legal professionals when appropriate.
• Handling financial reporting and court-required accountings.

 

 

 

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Types of Conservatorships

California recognizes several types of conservatorships, each designed to address different circumstances:

• General Probate Conservatorship: Generally established for adults who cannot adequately manage their personal care, financial affairs, or both. The court may appoint a conservator of the person, the estate, or both.
• LPS (Mental Health) Conservatorship: Established under the Lanterman-Petris-Short Act for individuals who meet specific legal criteria for grave disability due to a qualifying mental health condition or severe substance use disorder. These conservatorships follow specialized legal procedures.
• Limited Conservatorship: Designed for adults with developmental disabilities who require assistance with certain decisions or responsibilities. A limited conservatorship is intended to preserve as much independence and decision-making authority as possible.

 

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Who Can File and Be Appointed as Conservator?

California law allows several individuals and entities to petition the court for the appointment of a conservator. These may include:

• The proposed conservatee.
• A spouse or domestic partner.
• An adult child, parent, sibling, or other relative.
• A friend or another interested person.
• Certain government agencies or public officials.

Under California Probate Code §1820, filing a petition does not guarantee appointment. The court determines whether a conservatorship is necessary and who is qualified to serve.

Who Receives Preference for Appointment?

California Probate Code §1812 establishes preferences among equally qualified candidates, including spouses or domestic partners, adult children, parents, siblings, and other eligible individuals. The court retains discretion and considers the proposed conservatee’s best interests.

A person who does not wish to serve may be able to nominate another qualified individual.

Professional Fiduciaries and the Public Guardian

If an appropriate family member or friend is unavailable, the court may appoint a qualified private professional fiduciary. Professional fiduciaries generally receive compensation, subject to applicable legal requirements and court oversight.

When suitable private arrangements are unavailable, a referral may be made to the Santa Clara County Public Guardian for evaluation. A referral does not guarantee that the Public Guardian will accept the case or be appointed.

Concerned individuals, healthcare professionals, Adult Protective Services, and other agencies may bring circumstances involving a vulnerable adult to the attention of appropriate authorities.

Reporting Elder Abuse

California law protects elders and dependent adults from abuse, neglect, and financial exploitation.

Under California Welfare and Institutions Code §15630, certain individuals are mandated reporters of suspected elder or dependent adult abuse. These include qualifying:

• Healthcare professionals.
• Law enforcement and Adult Protective Services personnel.
• Employees and care providers in facilities serving elders or dependent adults.
• Individuals who have assumed responsibility for the care or custody of an elder or dependent adult, whether paid or unpaid.

Mandated reporters must follow applicable reporting procedures and deadlines. Other individuals who suspect abuse are also encouraged to report their concerns to Adult Protective Services or law enforcement.

Reports of suspected elder or dependent adult abuse are generally confidential, subject to exceptions permitted by law.

For additional insight, probate and estate planning attorney Jennifer F. Scharre discusses the difficulties of a conservatorship in her short video.

 

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Medical and Estate Planning Decisions

Can Medical Decisions Be Made for a Conservatee?

A conservator of the person may have authority to make medical decisions for a conservatee. However, the extent of that authority depends on the conservatee’s ability to provide informed consent and the powers granted under California law and court orders.

If the conservatee has the capacity to make informed medical decisions, their consent generally remains important. A conservator cannot automatically override a conservatee’s objection to treatment.

In certain medical emergencies, California law permits a conservator to authorize necessary treatment without the conservatee’s consent when specific legal conditions are met.

For nonemergency treatment, a conservator may need court authorization if the conservatee objects or lacks the capacity to provide informed consent.

Additional court authorization may also be required for certain decisions involving a conservatee with a major neurocognitive disorder, such as placement in a secured residential facility or administration of medications covered by special statutory requirements.

Because medical decision-making authority varies with the circumstances, conservators should consult their attorney and the conservatee’s healthcare professionals before making decisions that may require court approval.

 

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Can Estate Planning Choices Be Made for a Conservatee?

A conservatee does not automatically lose the right to make or change a Will simply because a conservatorship has been established.

Under California Probate Code §1871, a conservatee retains the right to make a Will. However, the individual must have the legal capacity to do so at the time the Will is executed.

If the conservatee cannot make certain estate planning decisions independently, a conservator may seek court authorization to act on the conservatee’s behalf.

Under California Probate Code §2580, a conservator or another interested person may petition the court for an order authorizing certain estate planning actions through a procedure known as substituted judgment.

Depending on the circumstances, the court may authorize actions such as:

• Creating or modifying a Will.
• Establishing, modifying, or revoking a Trust.
• Making gifts or transferring property.
• Changing certain beneficiary designations.
• Entering into other transactions authorized by law.

These actions require appropriate court authorization and are not automatically permitted merely because a conservatorship exists.

The Process for a Petition for Substituted Judgment

A petition for substituted judgment asks the Probate Court to authorize a proposed action involving the conservatee’s estate or financial affairs.

The petition must explain the proposed action and provide information supporting the request.

Notice of the hearing must be provided to the individuals and entities required by California Probate Code §2581. Depending on the circumstances, these may include the conservatee, family members, beneficiaries, and individuals who would inherit under California’s intestate succession laws.

The court evaluates the petition, the conservatee’s circumstances, and the legal requirements before deciding whether to approve the proposed action.

Because substituted judgment proceedings can involve complex estate planning and financial decisions, consulting an experienced probate attorney is strongly recommended.

 

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Court Investigator Duties

In a California probate conservatorship proceeding, a court investigator evaluates the circumstances of the proposed conservatee and provides information to help the judge determine whether a conservatorship is necessary.

The investigator generally meets privately with the proposed conservatee and may interview the proposed conservator and other individuals familiar with the circumstances.

Under California Probate Code §1826, the investigator’s responsibilities include:

• Explaining the nature and purpose of a conservatorship and how it may affect the proposed conservatee’s rights.
• Explaining the court hearing and the right to oppose the conservatorship.
• Informing the proposed conservatee of applicable rights, including the right to legal representation and a jury trial.
• Determining whether the proposed conservatee wishes to attend the hearing or contest the petition.
• Reviewing relevant information concerning the proposed conservatee’s circumstances and the need for assistance.
• Evaluating whether less restrictive alternatives could adequately protect the individual.
• Reviewing the proposed conservatee’s ability to complete a voter registration affidavit, including with assistance or reasonable accommodations.
• Preparing a written report with findings and recommendations for the court.

The investigator may also recommend the appointment of an attorney when appropriate under applicable law.

Court Investigator Process

Court supervision continues after a conservator is appointed.

Under California Probate Code §§1850 and 1851, conservatorships are subject to periodic court review. A review generally occurs one year after the initial appointment, with subsequent reviews conducted according to the applicable statutory requirements and court orders.

During a review, the court investigator may evaluate:

• Whether the conservatorship remains necessary.
• Whether the conservator is acting in the conservatee’s best interests.
• Whether the conservatee’s rights are being protected.
• Whether less restrictive alternatives are available.
• Whether the conservator’s powers should be modified.
• Whether the conservatee wishes to challenge or terminate the conservatorship.

The investigator submits findings to the court. If concerns arise, the court may order additional investigation, appoint legal counsel when appropriate, schedule a hearing, or take other action.

Removal of a conservator is not automatic. If the court determines that removal may be warranted, the matter must be addressed through the applicable legal procedures.

The purpose of ongoing court oversight is to protect the conservatee and ensure that the conservatorship remains necessary and appropriately limited.

 

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Are There Alternatives to Conservatorship?

A conservatorship may not be necessary when an individual has made appropriate arrangements for someone they trust to assist with personal care, healthcare decisions, or financial affairs.

California courts consider whether less restrictive alternatives can adequately meet the person’s needs before establishing a probate conservatorship.

One common alternative is a power of attorney, which allows an individual to authorize another person to act on their behalf in specified matters.

There are several types of powers of attorney and related healthcare planning documents, including:

• Durable Power of Attorney: Allows an appointed agent to handle authorized financial matters and generally remains effective if the individual later becomes incapacitated.
• Advance Health Care Directive: Allows an individual to appoint a healthcare agent and provide instructions concerning medical treatment.
• General Power of Attorney: Grants broad authority over specified matters but may terminate if the individual becomes incapacitated unless it is durable.
• Limited or Special Power of Attorney: Authorizes an agent to handle particular transactions or responsibilities.

The individual signing these documents must have the legal capacity required to execute them.

Having a power of attorney does not automatically prevent a conservatorship. A court may still determine that conservatorship proceedings are necessary if existing arrangements are inadequate, an agent is unable or unwilling to act, or the individual requires protection that cannot be provided through less restrictive alternatives.

Other possible alternatives may include a living trust, supported decision-making arrangements, representative payee services for certain government benefits, and assistance from trusted family members or professionals.

When a person can no longer adequately manage personal care or financial affairs, and less restrictive arrangements cannot meet their needs, a court-supervised conservatorship may be appropriate.

Families should consult a qualified California probate or estate planning attorney to determine which arrangements are suitable for their circumstances.

 

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Establishing a Conservatorship in Probate Court

Establishing a general probate conservatorship in Santa Clara County involves preparing court documents, filing a petition, providing legally required notice, participating in a court investigation, and attending a hearing.

The forms and procedures depend on whether the petition requests a conservatorship of the person, the estate, or both. Additional requirements may apply to limited and temporary conservatorships.

California Conservatorship Forms

Common Judicial Council forms include:

• GC-310: Petition for Appointment of Probate Conservator.
• GC-020: Notice of Hearing—Guardianship or Conservatorship.
• GC-312: Confidential Supplemental Information.
• GC-314: Confidential Conservator Screening Form.
• GC-320: Citation for Conservatorship.
• GC-335: Confidential Capacity Assessment and Declaration—Probate Conservatorship.
• GC-348: Duties of Conservator.
• GC-340: Order Appointing Probate Conservator.
• GC-350: Letters of Conservatorship.

Additional forms may be required depending on the circumstances, including requests for special medical authority, appointment of a professional fiduciary, or a conservatorship of the estate.

Santa Clara County Local Forms

Santa Clara County also maintains local probate forms, including documents relating to court investigator referrals, confidential filings, and capacity assessments.

Petitioners should review the court’s current local requirements rather than relying on an older checklist.

Temporary Conservatorships

When urgent circumstances require immediate protection, a petitioner may request a temporary conservatorship. Temporary appointments require separate documents and procedures, and the court determines whether the legal requirements for temporary relief have been met.

Court Fees and Fee Waivers

Court filing fees may apply. Individuals who qualify may request a fee waiver using the appropriate Judicial Council forms.

Filing Conservatorship Documents

The completed petition and supporting documents are filed with the Probate Division of the Superior Court of California, County of Santa Clara.

The court assigns a case number and processes the filing. Petitioners must follow current court requirements for submitting documents, paying applicable fees, and providing copies.

The Court Investigation Unit generally conducts an investigation before the court decides whether to appoint a conservator.

Serving Conservatorship Documents

California law requires notice of conservatorship proceedings to the proposed conservatee and other individuals entitled to receive notice.

Depending on the circumstances, these may include a spouse or domestic partner, relatives, and other persons or agencies identified by law.

The proposed conservatee generally must be personally served with the required documents. Other interested persons may receive notice by mail when permitted by law.

Service must be completed within the applicable deadlines. For many initial probate conservatorship proceedings, the required notice period is at least 15 days before the hearing, although additional or different requirements may apply.

The person serving the documents must meet the applicable legal requirements and complete the appropriate proof of service, which must be filed with the court.

Because defective notice can delay a hearing, petitioners should carefully verify who must receive notice, the method of service, and the applicable deadlines.

Setting a Hearing Date

After the petition is filed, the court schedules a hearing.

The time required to complete a court investigation and obtain a hearing depends on the court’s calendar, the circumstances of the case, and whether additional information or corrections are required.

Petitioners should confirm the hearing date and current procedures directly with the Santa Clara County Superior Court or their probate attorney.

Attending the Hearing

The petitioner should review the court’s hearing instructions in advance, including whether the hearing will be conducted in person or remotely.

The proposed conservatee generally has the right to attend the hearing, subject to applicable legal exceptions.

Before the hearing, the court investigator may submit a report addressing the proposed conservatee’s circumstances and whether a conservatorship is necessary.

The judge reviews the petition, investigation findings, and other relevant evidence before deciding whether to appoint a conservator.

Conservatorship Orientation Video

Santa Clara County provides an orientation video explaining a conservator’s responsibilities. The court has published local form PB-4076, Verification of Conservatorship Video Viewing, for documenting completion of the video requirement.

Petitioners should confirm the current orientation requirements and submit the appropriate verification when required.

Order and Letters of Conservatorship

If the court approves the petition, the appointment is documented through a signed court order.

Letters of Conservatorship are then issued after applicable requirements have been satisfied, which may include posting a bond if ordered by the court.

The Letters provide evidence of the conservator’s appointment and authority, subject to the limitations established by law and the court’s orders.

Important: Conservatorship proceedings involve significant legal responsibilities. Anyone considering filing a petition should consult a qualified California probate attorney and review the current Santa Clara County Superior Court requirements.

 

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Can Real Property Be Sold During a Conservatorship?

A conservator may need to sell real property to provide funds for a conservatee’s ongoing medical expenses, assisted living, long-term care, or other financial needs.

In California, selling real property owned by a conservatee is subject to legal requirements and court oversight.

Depending on the authority granted to the conservator, a sale may require court confirmation. In certain circumstances, a conservator may be authorized to sell real property under the Independent Administration of Estates Act (IAEA), subject to applicable notice requirements and restrictions.

Before listing the property for sale, the conservator should consult their probate attorney to determine what authority has been granted and which procedures must be followed.

Why Work With a Probate Real Estate Specialist?

Conservatorship real estate transactions can involve additional requirements that are not typically encountered in conventional home sales.

Working with a real estate broker who understands California probate court procedures, court-confirmed sales, and the responsibilities of a conservator can help avoid unnecessary delays and complications.

Santa Clara County Conservatorship Real Estate Sales

Kathleen Daniels, broker-owner of KD Realty and a Certified Probate Real Estate Specialist (CPRES), specializes in representing conservators, executors, administrators, and successor trustees selling real property throughout Santa Clara County, California.

Her practice focuses exclusively on representing sellers in probate, trust, and conservatorship real estate transactions.

If you are responsible for selling real property held in a conservatorship, contact Kathleen Daniels to discuss your real estate needs. Phone: (408) 972-1822