How a probate conservatorship works

Types of probate conservatorship

• General conservatorship: usually for adults who cannot provide for their own personal needs or manage their finances, often older adults with serious illness or dementia.
• Limited conservatorship: for adults with developmental disabilities. The court grants only the specific powers the person needs help with.
• Temporary conservatorship: a short-term appointment while the main case is pending, when something must be handled urgently.

A conservator can be appointed over the person (care, housing, medical decisions), the estate (money and property), or both.

How the case generally proceeds

1. Petition. A relative, friend, public agency, or the person themselves files a petition in the superior court, using Judicial Council forms, and describes the alternatives considered.
2. Notice. The proposed conservatee is personally served, and close relatives receive notice of the hearing.
3. Investigation. A court investigator meets the proposed conservatee, explains their rights, and reports to the judge. For limited conservatorships, the regional center also reports.
4. Hearing. The judge decides whether a conservatorship is needed and, if so, which powers to grant and who will serve.
5. Ongoing oversight. Conservators of the estate file inventories and regular accountings. The court investigator conducts periodic reviews.

Rights of the proposed conservatee

• To be told about the case and to attend the hearing
• To have a lawyer, including a court-appointed lawyer
• To object, to ask for a different person to serve, and to request a jury trial
• To ask the court later to change or end the conservatorship

People who serve as professional conservators for non-relatives must generally be licensed by the state Professional Fiduciaries Bureau.