California Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a California court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on California Probate Code §§1500-1612 (Guardianship of Minors), §§1800+ (Conservatorship of Adults)
What guardianship and conservatorship mean here
California uses 'guardianship' exclusively for minors. For incapacitated adults, the process is called 'conservatorship.' The person under conservatorship is the 'conservatee' and the appointed person is the 'conservator.'
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Guardianship of the Person (Minor)
Grants authority over a minor child's physical custody, care, education, and welfare. Appointed when both parents are deceased, incapacitated, or otherwise unable to provide care.
Probate Code §§1500+
Guardianship of the Estate (Minor)
Grants authority to manage a minor child's property and financial affairs. May be appointed separately from or in combination with guardianship of the person.
Probate Code §§1500+
General Conservatorship (Adult)
Broad authority over the person, estate, or both for elderly or incapacitated adults who cannot manage their own affairs.
Probate Code §§1800+
Limited Conservatorship (Adult)
Specifically for adults with developmental disabilities. The court grants only the specific powers the conservatee needs (up to 7 enumerated powers). The conservatee retains all rights not specifically removed.
Probate Code §1801(d)
LPS Conservatorship (Adult)
For people with severe mental illness. A separate process administered through county mental health departments under the Lanterman-Petris-Short Act.
Welfare & Institutions Code §§5350+
Temporary Guardianship/Conservatorship
Short-term appointment in emergency situations pending a full hearing on a general petition. The petitioner must demonstrate an emergency requiring immediate action.
Probate Code §2250
The California guardianship court process
Step 1
File a petition for guardianship with the superior court
Step 2
Serve notice on the minor's parents, relatives, and other required parties
Step 3
Court investigator or social worker evaluates the proposed guardian
Step 4
Hearing before a judge to determine guardianship
Step 5
Letters of guardianship issued if approved
Step 6
Bond may be required for guardianship of the estate
Step 7
Ongoing reporting as required by the court
Alternatives to consider before guardianship
Durable Power of Attorney
Covers financial and legal decisions while the principal retains all rights. Must be created while the person has capacity.
Probate Code §§4000-4545
Advance Health Care Directive
Covers medical decisions. The principal chooses their own healthcare agent.
Probate Code §§4700-4701
Revocable Living Trust
Assets held in trust are managed by the successor trustee without court involvement upon the settlor's incapacity or death.
Probate Code §§15000+
Representative Payee
Manages Social Security benefits for someone unable to manage their own. Limited scope, no court process required.
Federal Social Security Act
Special Needs Trust
Holds assets for a disabled beneficiary while preserving eligibility for public benefits.
Probate Code §3604
CARE Act Plan
California's Community Assistance, Recovery, and Empowerment (CARE) Act creates a civil court process for people with untreated severe mental illness (primarily schizophrenia spectrum and psychotic disorders). Court-ordered treatment plans without removing legal rights. Not a conservatorship.
Welfare & Institutions Code §§5970+
Supported Living Services
Daily living assistance through California Regional Center programs for people with developmental disabilities.
Welfare & Institutions Code §4689
Emergency guardianship and planning ahead
Emergency guardianship: It lasts Temporary, pending hearing on general petition (typically set within 30 days, with possible extensions).
Guardianship costs
- Guardian nomination in will
- Included in will preparation costs
- Form gc 211 self prepared
- Free
- Nomination of conservator attorney drafted
- $300 - $700
- Conservatorship court filing fee
- $450 - $600
- Conservatorship attorney fees
- $5,000 - $15,000+
- Court investigator fees
- $750 - $2,500+
- Bond premium
- Varies by estate size
- Annual conservatorship reporting
- $1,000 - $3,000/year
Costs vary by county and case. Verify current court fees with the local court.
Frequently asked questions
What is guardianship in California?
What are the alternatives to guardianship in California?
Do I need a lawyer to file for guardianship in California?
Guardian vs. conservator in California: what is the difference?
Not sure guardianship is the right step?
Guardianship is a court process that removes a person's legal rights, so California courts expect families to rule out less-restrictive options first. Review the alternatives on this page, and consider speaking with an elder-law attorney about your situation.
Information current as of March 2, 2026
This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in California can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.