How long does it take to get a conservatorship in California?

Three to six months in most counties, sometimes longer in Los Angeles and Bay Area courts with crowded calendars. The sequence: file the petition, give notice to the proposed conservatee and relatives, court investigator interviews everyone, the proposed conservatee can object and request counsel, and a hearing is held. If granted, the court issues Letters of Conservatorship that the conservator uses to act with banks, doctors, and facilities.

How much does a conservatorship cost?

Attorney fees usually run $3,000 to $10,000 for the initial petition, more if contested. Court filing fees are several hundred dollars. The court investigator charges a fee (often $700 to $1,500). A fidelity bond is required for the estate portion, priced as a percentage of the assets. Ongoing accountings to the court (typically every two years for the estate) cost another $1,500 to $5,000 each.

What powers does a conservator have?

The court grants powers explicitly, in the order. A conservator of the estate manages finances, pays bills, files taxes, and protects assets. A conservator of the person makes decisions about residence, medical care, and daily living. A conservator can be both. Some powers require separate court approval, such as selling real estate, changing residence to a more restrictive setting, or consenting to dementia medications and secured placement (these need explicit Probate Code § 2356.5 powers).

Can a conservatee object?

Yes. The proposed conservatee has a right to be present at the hearing, a right to court-appointed counsel, a right to request a jury trial, and a right to refuse the conservatorship. The court investigator’s job includes asking the proposed conservatee whether they object. Many contested conservatorships are resolved with a limited conservatorship (over only certain decisions) or by denial in favor of a less restrictive alternative.

What are the alternatives to conservatorship?

Four main alternatives, all signed while the person still has capacity: a durable power of attorney for finance (California Probate Code § 4400+), an Advance Healthcare Directive, HIPAA authorizations naming family who can speak to clinicians, and a revocable living trust holding the major assets. Supported decision-making, recognized in California for adults with developmental disabilities, can also reduce or replace the need for conservatorship in some situations.

Can a conservator be removed?

Yes, by court order. Any interested party can file a petition to remove the conservator for cause: financial mismanagement, neglect, conflict of interest, or failure to file required accountings. The court can also remove on its own motion. Conservators are fiduciaries and answer to the court annually or biennially for the estate accounting.

Where do I file a conservatorship petition in Los Angeles, San Francisco, or San Diego?

In Los Angeles County, file at the Stanley Mosk Courthouse Probate Department, 111 N. Hill Street, downtown LA. In San Francisco, the Civic Center Courthouse handles probate at 400 McAllister Street, Department 204. In San Diego, the Central Courthouse Probate Division sits at 1100 Union Street. Each county’s superior court website lists current filing windows; some allow e-filing through Odyssey or File & Serve. Wait times to first hearing range from about 30 days in less-crowded counties to 90+ days in LA and the Bay Area.

What is the difference between general and limited conservatorship?

A limited conservatorship is specifically designed for adults with developmental disabilities (autism, Down syndrome, cerebral palsy, intellectual disability with onset before age 18) under California Probate Code § 1801(d). The court grants only seven enumerated powers (residence, education, marriage, contracts, medical, social/sexual relationships, confidential records); the conservatee keeps every other right. A general conservatorship grants broader authority for adults whose incapacity arose later in life (dementia, stroke, traumatic brain injury).

Can I do conservatorship myself without a lawyer?

Technically yes, the California Courts self-help site (selfhelp.courts.ca.gov/conservatorship) provides every form. Realistically, even uncontested probate conservatorships involve at least eight Judicial Council forms, mandatory court investigator interviews, capacity declarations, bond calculations, and biennial accountings. Most pro se petitioners get sent back to file additional or corrected paperwork at least once. LPS conservatorships are functionally impossible without counsel. Limited-scope (unbundled) representation, where you hire an attorney only for the petition and hearing, costs $1,500 to $3,000 and is the middle path most California elder-law firms now offer.

What if I think the conservator is mismanaging my parent’s money?

File an objection to the next accounting (every conservator of the estate must file accountings, typically biennially, on form GC-400). The court reviews objections at a calendared hearing. For urgent concerns (suspected theft, neglect, or self-dealing), file a petition to remove and surcharge the conservator and request appointment of a successor. The local county Adult Protective Services (APS) and the California Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse also accept reports.

Conservatorship in California: when it's needed, what it costs, how it works

What conservatorship is, and when it’s actually needed

A conservatorship is a California Superior Court order naming one adult to make decisions for another adult who can no longer make them safely. It is the most restrictive legal tool available, because it strips the conservatee of fundamental rights: where to live, what medical care to accept, how money gets spent. Courts grant conservatorships reluctantly, and only after asking whether something less restrictive would work.

Most California families never need one. A parent who signed a durable power of attorney and an Advance Healthcare Directive before losing capacity can almost always be cared for without court involvement. Conservatorship becomes necessary when those documents don’t exist, when they exist but someone is challenging them, or when the parent has refused to sign them and is now incapacitated and in danger.

The two California conservatorships

Probate conservatorshipis the common one. It is filed under California Probate Code §§ 1800-3925 in the probate division of the Superior Court. Probate conservatorships cover adults who cannot care for themselves or manage their finances because of advanced age, dementia, stroke, brain injury, or developmental disability. Probate conservatorships are indefinite: they last until the conservatee dies, recovers, or the court terminates them.

LPS conservatorship is for adults with a grave mental disability under the Lanterman-Petris-Short Act. It is almost always initiated by a county mental health professional after an involuntary psychiatric hold, not by a family member directly. LPS conservatorships are one year, renewable. They allow placement in a locked psychiatric facility, which a probate conservatorship cannot do.

A third type, the limited conservatorship, exists for adults with developmental disabilities. The court grants only specific powers (residence, education, medical, marriage, contracts, social and sexual relationships, confidential records). The conservatee keeps all other rights.

The court process, step by step

Petition. The proposed conservator files Judicial Council form GC-310 (Petition for Appointment of Probate Conservator), along with supporting forms (confidential supplemental information, duties of conservator acknowledgment, capacity declaration in many cases).
Citation and notice. The proposed conservatee is personally served with the citation. Relatives within the second degree receive notice by mail.
Capacity declaration. Form GC-335, signed by a physician or licensed clinical psychologist, describing the specific incapacities. The court relies on this heavily.
Court investigator. A court-appointed investigator interviews the proposed conservatee, the proposed conservator, family members, and treating clinicians. The investigator reports to the court on whether the conservatorship is necessary and whether the proposed conservator is appropriate.
Counsel for the proposed conservatee. If the proposed conservatee objects, requests counsel, or appears unable to retain counsel, the court appoints a Probate Volunteer Panel attorney to represent them.
Hearing. The judge hears testimony from the proposed conservator, the investigator, sometimes the proposed conservatee, and any objectors. If unopposed and the evidence supports it, the order is granted at the first hearing.
Letters of Conservatorship.The court clerk issues the letters. These are the document the conservator presents to banks, doctors, and facilities to act on the conservatee’s behalf.

What it actually costs

A simple, uncontested probate conservatorship typically runs $3,000 to $10,000 in attorney fees. Contested cases (a sibling objects, the proposed conservatee objects through counsel, competing petitions) can easily exceed $20,000 before a hearing is reached. Filing fees, court investigator fees, capacity declaration, and the fidelity bond add another $1,500 to $3,000 in most cases.

Ongoing costs are often underestimated. The conservator of the estate must file an inventory and appraisal at the start, then accountings (typically biennial) showing every transaction. Each accounting is prepared by an attorney and reviewed by the court; expect $1,500 to $5,000 per accounting cycle. The conservator can be paid from the estate for reasonable services, but the rate and time must be approved by the court.

Powers granted, and what still needs court approval

The order specifies the powers granted. Conservatorship of the estate covers financial matters: paying bills, managing investments, filing taxes, signing contracts. Conservatorship of the person covers personal matters: residence, medical consents, daily care.

Some decisions require separate court approval even with a general conservatorship in place:

Selling the conservatee’s real estate
Moving to a more restrictive residence (locked memory care, SNF)
Consenting to dementia medications (Probate Code § 2356.5 powers)
Borrowing against estate assets
Gifting estate assets, including charitable gifts the conservatee previously made

The alternatives California families should try first

Before filing a conservatorship petition, the standard four-document package solves most situations:

Durable Power of Attorney for finance under California Probate Code § 4400 and following. Durable means it survives incapacity, which is the whole point.
Advance Healthcare Directive on the California statutory form, naming a healthcare agent and stating treatment preferences.
HIPAA authorization so family members can speak to clinicians.
Revocable living trust for major assets, with the parent as trustee while capacitated and a named successor trustee on incapacity.

If these documents exist and the named agents are functioning, a conservatorship is rarely needed. If they don’t exist and the parent still has capacity, even moderate capacity in early dementia, an elder-law attorney can usually get them signed.

Talk to a California-licensed elder-law attorney before filing. Many offer a short initial consultation to determine whether conservatorship is the right path or whether a less restrictive alternative will work.

How to actually file a conservatorship petition, step by step

Confirm conservatorship is the right tool. Walk through the alternatives ladder (durable POA, then supported decision-making, then limited conservatorship) with an elder-law attorney or the local California State Bar Lawyer Referral Service before filing anything. The California Courts conservatorship self-help portal includes a decision tree.
Obtain the capacity declaration (form GC-335). Schedule a dedicated appointment with the proposed conservatee’s treating physician or a licensed clinical psychologist. The declaration must address specific deficits in mental function under California Probate Code § 811, not a generic dementia label. Without this form most judges will not grant.
Complete the petition packet. Download from courts.ca.gov forms (GC series): GC-310 (petition), GC-312 (confidential supplemental information), GC-313 (confidential conservator screening), GC-314 (citation), GC-348 (duties of conservator), GC-340 (proposed order), and a notice of hearing (GC-020).
File at the probate division of the Superior Court in the county where the proposed conservatee lives. Filing fee is $435 in most counties (current as of 2026; verify at the clerk). Bring three copies of every form and the original. Fee waiver available via form FW-001 if the proposed conservatee qualifies.
Receive the hearing date. The clerk assigns a hearing 30 to 90 days out depending on county calendar congestion. LA Stanley Mosk Probate is typically 60 to 90 days; San Diego Central is usually 45 to 60; smaller counties can be 30.
Serve the citation on the proposed conservatee personally (a process server or sheriff handles this; do not attempt yourself). Mail notice to all relatives within the second degree at least 15 days before the hearing. File proof of service.
Cooperate with the court investigator.Expect the investigator’s call within two to four weeks. They will interview the proposed conservatee privately, the proposed conservator, and family. Be honest about strengths and weaknesses. The investigator’s report is the single most influential document at the hearing.
Attend the hearing. Arrive 30 minutes early; bring a photo ID, the original signed forms, and a list of the assets the conservator will manage. If unopposed, hearings usually take 5 to 15 minutes.
Pick up Letters of Conservatorship (form GC-350). The clerk issues these once the order is signed. This is the document banks, doctors, and facilities will demand. Order several certified copies ($30-$40 each).
Post bond and file inventory. Within 90 days, file GC-040 (Inventory and Appraisal); a court-appointed probate referee will appraise non-cash assets at a statutory 0.1% fee. Bond premium (paid annually to a surety) typically runs 0.5 to 1 percent of estate value.

What a California conservatorship actually costs

The numbers below assume a non-contested probate conservatorship of a parent with a modest estate (home plus retirement accounts, total around $800,000). Contested cases run 3-5x higher.

Cost item	Low	Typical	High
Court filing fee (GC-310)	$435	$435	$465
Court investigator fee	$700	$1,000	$1,500
Capacity declaration (physician fee)	$0 (PCP)	$300	$1,500 (neuropsych eval)
Attorney fees (initial petition)	$3,000	$5,500	$10,000+
Fidelity bond (annual premium)	$400	$1,500	$4,000
Probate referee (Inventory)	$50	$800	$2,500
Biennial accounting (every 2 years)	$1,500	$3,000	$5,000
Certified copies of Letters	$30	$120	$240
Year-one total	~$6,100	~$9,700	$20,000+

Compare with the four-document alternative (durable POA, healthcare directive, HIPAA, simple trust) signed in advance: $400 to $1,500 total, one-time, no ongoing court reporting. The economic argument for advance planning is overwhelming.

Timeline: from petition to Letters

Week	What happens
Week 0	Capacity declaration completed; petition packet drafted
Week 1	File GC-310 packet at superior court probate division; receive hearing date
Week 2	Personal service on proposed conservatee; mail notice to relatives
Week 3-5	Court investigator interviews proposed conservatee, family, clinicians
Week 4-6	Probate Volunteer Panel attorney appointed if conservatee objects or court orders
Week 6-10	Investigator report filed with court; parties review
Week 8-13	Hearing (typical range: LA County 60-90 days; smaller counties 30-45 days)
Week 9-14	Order signed; Letters of Conservatorship issued by clerk
Week 10-16	Bond posted; conservator begins acting; banks update accounts
Week 13-22	Inventory and Appraisal filed (deadline: 90 days after Letters)
Year 1 anniversary	First status report (person) due
Year 2 anniversary	First biennial accounting (estate) due

LA, SF, and San Diego Probate Court contacts

Each California Superior Court runs its probate division separately. Hearing wait times, e-filing availability, and local-rule quirks vary. Confirm at the court website before filing.

Los Angeles Superior Court, Probate Department. Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012. Probate filings concentrate in Departments 4, 5, 9, and 11. Typical wait to first hearing: 60 to 90 days. E-filing available via File & Serve. Self-help center on the 1st floor. lacourt.org/division/probate
San Francisco Superior Court, Probate Division. Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102, Department 204. Typical wait to first hearing: 45 to 75 days. Mandatory e-filing through File & Serve. sf.courts.ca.gov/divisions/probate
San Diego Superior Court, Probate Division. Central Courthouse, 1100 Union Street, San Diego, CA 92101. Typical wait to first hearing: 45 to 60 days. Self-help via the Probate Court’s Family Law Facilitator window. sdcourt.ca.gov/probate

LPS conservatorship, in detail

LPS conservatorship sits in a different statute (Welfare and Institutions Code §§ 5350 et seq.) from probate conservatorship. The triggers, the petitioner, the powers, and the duration are all different.

Trigger.Grave disability as defined in Welfare and Institutions Code § 5008(h): inability to provide for food, clothing, or shelter due to a mental health disorder, severe substance use disorder, or chronic alcoholism (the SB 43 expansion phased in by counties from 2026 onward).
Petitioner.The county public guardian or county mental health department, almost never a family member directly. Families flag concerns through the local Patients’ Rights Advocate or after a 5150 hold escalates to a 5250.
Powers. Including placement in a locked psychiatric facility (Institution for Mental Disease), which a probate conservatorship cannot do. Right to refuse psychiatric medication may also be removed by specific court finding.
Duration. One year, with mandatory annual review and renewal. The conservatee has a right to a Riese hearing (on medication) and a jury trial on the conservatorship itself.
Counsel.The proposed LPS conservatee is automatically represented by the county Public Defender or a Patients’ Rights Advocate.

Families facing a parent with both severe mental illness and a dementia overlay sometimes encounter both systems sequentially: an acute LPS hold during a psychiatric crisis, then a probate conservatorship once the underlying neurocognitive condition becomes the primary issue.

The alternatives ladder: try in this order

Durable power of attorney + Advance Healthcare Directive + HIPAA. The standard four-document package. Resolves 80%+ of family situations. $400-$1,500 once. No court.
Supported decision-making.Recognized for adults with developmental disabilities under California Probate Code § 21010 (also useful for early dementia and TBI recovery). The person keeps decisional authority; trusted supporters help interpret, communicate, and follow through. Disability Rights California publishes templates.
Limited conservatorship.Court grants only enumerated powers (Probate Code § 2351.5). Preserves rights like voting, marriage, and contracting. Appropriate for adults with developmental disabilities who can manage most of their lives.
General probate conservatorship. Last resort. Sweeping powers, ongoing court oversight, expensive forever.
LPS conservatorship. Parallel track for grave mental disability, almost always county-initiated.

Red flags to watch for

An attorney quotes a flat fee over $10,000 for an uncontested petition. Get a second opinion. Uncontested probate conservatorships are routine work for elder-law firms; the honest mid-market price is $3,000-$6,000.
An attorney recommends conservatorship without discussing alternatives.Probate Code § 1821(a)(2) requires the petition itself to address why less restrictive alternatives won’t work. If the attorney skips that step in the consult, they will skip it in court.
Self-help forms when there is real estate, a business, or family conflict. The DIY route is genuinely viable for a parent on Social Security with one bank account and an agreeable family. Add a house, an LLC, or a sibling who objects, and pro se becomes high-risk.
The proposed conservator has a financial conflict. A sibling who owes the parent money, lives in the parent’s house rent-free, or stands to inherit a contested asset should not serve as conservator. Courts may appoint a professional fiduciary instead. See the California Professional Fiduciaries Bureau licensee search.
Pressure to file urgently “before they sign anything else.” A legitimate elder-law attorney will first ask whether the parent still has any capacity to sign a POA. Capacity is decision-specific under California law; even moderate dementia often supports executing a POA, which avoids court entirely.
No mention of bond requirements or accountings at intake. These are the most expensive ongoing costs and should be disclosed before retention.

What attorneys actually do at this step

Understanding what the legal work actually entails helps families choose between full representation, unbundled limited-scope, and pro se. A typical elder-law attorney filing an uncontested probate conservatorship spends 15 to 25 hours on the matter through the first hearing:

Intake and capacity assessment (2-3 hours). Reviews medical records, talks to family, evaluates whether conservatorship is the right tool, identifies less restrictive alternatives. This is the hour where most families could save $4,000 if they signed POAs years earlier.
Coordinating the capacity declaration (1-2 hours). Drafts a cover letter to the physician explaining what the court requires under Probate Code § 811, follows up for the completed GC-335. PCPs frequently misfile this without coaching.
Petition drafting (3-5 hours).Custom narrative on why conservatorship is necessary, the alternatives that have been tried, the proposed conservator’s qualifications, and any family conflicts. This is the document the investigator will quote at the hearing.
Service coordination (1-2 hours). Arranges personal service on the proposed conservatee through a licensed process server; mails notice to relatives; files proofs.
Court investigator preparation (2-3 hours). Coaches the proposed conservator on the interview, ensures family is consistent on key facts, addresses any flags the investigator may raise.
Hearing preparation and appearance (3-5 hours). Reviews investigator report, responds to any objections, appears at the noticed hearing.
Post-order work (2-4 hours). Bond placement coordination, obtaining certified Letters, opening initial estate banking, drafting the Inventory and Appraisal.

Unbundled (limited-scope) representation is widely available in California elder-law firms. A typical unbundled engagement charges $1,500 to $3,000 for the petition packet drafting plus hearing appearance, leaving service and post-order administration to the family. This is the right middle path for many uncontested cases where the family can handle logistics but needs the brief to be professional.

Free and low-cost resources: Justice in Aging (statewide legal advocacy), Legal Aid Foundation of Los Angeles, Bay Area Legal Aid, and each county Bar Association’s lawyer referral service (typically $50 for a 30-minute initial consultation).

Related guides and next steps

This guide explains planning options, not legal or financial advice. Talk to a California-licensed elder-law attorney about your specific situation. California Care Compass does not place referrals on Planning pages.

Conservatorship in California: the court process, the cost, and the alternatives.