Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.
Understanding Guardianship vs. Conservatorship
In California, a guardianship generally applies when a minor (<18 years) cannot care for themselves. A conservatorship applies when an adult lacks capacity to manage personal care or finances. Both processes occur in superior court under the California Probate Code (Prob. Code §§ 1800–1821).
Step 1: Assess Capacity and Need
Obtain a medical evaluation. A licensed physician or psychologist must confirm incapacity. For conservatorships, Prob. Code § 1801 outlines the required capacity findings.
Step 2: Select the Correct Petition Form
- For a minor: Petition for Appointment of Guardian (Judicial Council Form GC-210).
- For an adult: Petition for Appointment of Conservator (Judicial Council Form GC-310).
Download forms at California Courts Forms.
Step 3: File the Petition and Serve Notice
File your petition at the probate clerk’s office in the county where the proposed ward resides. Pay the filing fee or request a fee waiver. Under Prob. Code §§ 1820–1826, you must serve copies on the proposed ward, close relatives and the county counsel.
Step 4: Probate Court Investigation
The court investigator (or social worker) will interview your relative, your family and any proposed conservator. They prepare a confidential report for the judge with recommendations.
Step 5: Attend the Court Hearing
The court sets a hearing date 30–90 days after filing. You and the proposed ward may testify. The judge reviews all evidence, the investigator’s report and any objections.
Step 6: Obtain Letters of Conservatorship or Guardianship
If the judge approves, the clerk issues Letters of Conservatorship or Guardianship. These letters grant legal authority to make decisions for the ward. You must file periodic status reports with the court.
Helpful Hints
- Compile medical records and capacity evaluations early.
- Identify all close relatives to meet notice requirements.
- Consider less restrictive alternatives first (e.g., power of attorney, supported decision-making).
- Keep organized financial records once appointed.
- File annual or biennial status reports as required by Prob. Code § 2620.
- Consult a probate attorney if complexities arise.