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)

By Settled Estate EditorialPublished: June 28, 2026Updated: March 2, 2026

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+

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)

More guardianship types3 additional arrangements courts use in specific situations, with statute cites

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+

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

1Step 1File a petition for guardianship with the superior court

File a petition for guardianship with the superior court

2Step 2Serve notice on the minor's parents, relatives, and other required parties

Serve notice on the minor's parents, relatives, and other required parties

3Step 3Court investigator or social worker evaluates the proposed guardian

Court investigator or social worker evaluates the proposed guardian

4Step 4Hearing before a judge to determine guardianship

Hearing before a judge to determine guardianship

5Step 5Letters of guardianship issued if approved

Letters of guardianship issued if approved

6Step 6Bond may be required for guardianship of the estate

Bond may be required for guardianship of the estate

7Step 7Ongoing reporting as required by the court

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.

42 U.S.C. § 405(j)

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: Temporary, pending hearing on general petition (typically set within 30 days, with possible extensions). Authority: Probate Code §2250.

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?

Less restrictive alternatives in California include Durable Power of Attorney, Advance Health Care Directive, Revocable Living Trust, Representative Payee. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

Do I need a lawyer to file for guardianship in California?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some California courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in California: what is the difference?

Statutes and sourcesOfficial references used for this page

Find a probate attorney in California

Connect with a probate attorney through your state's certified Lawyer Referral Service. Browse the certified directory to find one near you.

State Bar of California certified Lawyer Referral Services

Settled Estate is not a law firm and does not give legal advice.

Information current as of March 2, 2026

Settled Estate is not a law firm, and 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.