How do I petition for guardianship or conservatorship in California?
1. Terminology. California is unusual: 'guardian of the person/estate' covers minors only, while 'conservator of the person/estate' covers incapacitated adults. LPS conservatorships handle grave mental-health disability separately.
2. Adult Conservatorship. Under Cal. Prob. Code § 1801, a conservator of the person may be appointed for an adult unable to provide for personal needs (food, clothing, shelter, health). A conservator of the estate is appointed for inability to manage finances or resist undue influence.
3. Minor Guardianship. Probate Code § 1510 permits any relative or interested adult to seek guardianship when parents are deceased, unfit, incarcerated, or have consented.
4. Petition. File Form GC-310 (adult) or GC-210 (minor) in the Superior Court of the county where the proposed conservatee/ward lives. Notice must be personally served on the proposed conservatee at least 15 days before hearing and mailed to spouse, domestic partner, and relatives within the second degree.
5. Court Investigator / GAL. The court investigator (§ 1826) interviews the proposed conservatee, explains the proceedings, and files a confidential report. A GAL may be appointed for minors.
6. Capacity Evaluation. A Capacity Declaration (GC-335) signed by a physician or licensed psychologist is required; the standard is clear and convincing evidence of incapacity.
7. Hearing & Order. The proposed conservatee has a right to be present, to court-appointed counsel (§ 1471), and to a jury trial. Courts must impose the least restrictive alternative.
8. Powers & Duties. Bond is required unless waived; inventory due within 90 days; biennial accountings; court approval needed to sell real property or consent to certain medical treatment.
9. Alternatives. Durable power of attorney (Prob. Code § 4000), Advance Health Care Directive (§ 4670), revocable trusts, and California's AB 1663 supported decision-making framework.
10. Termination. Petition to terminate on restored capacity, conservatee's death, or minor reaching 18.
11. UAGPPJA. California adopted UAGPPJA at Prob. Code §§ 1980-2033 for interstate transfers.
This is legal information, not legal advice.
- Contested conservatorship where family members disagree about who should serve
- Allegations of elder financial abuse or undue influence requiring protective orders
- LPS conservatorship for grave mental disability with mandatory psychiatric treatment
- Cal. Prob. Code §§ 1500-3925
- Cal. Prob. Code § 1801
- Cal. Prob. Code § 1510
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.