California Conservatorship Filing Process

Before You File

California probate courts must make an express finding that a conservatorship is the least restrictive alternative and consider less restrictive tools — Supported Decision-Making Agreements, Powers of Attorney, Advance Health Care Directives. The petition and investigation should address why these tools would not adequately protect the proposed conservatee. Complete a capability assessment first to document which domains genuinely need court authority.

You can file up to 60 days before the proposed conservatee's 18th birthday, but the court cannot issue an order until after they reach majority. This early filing window lets the investigator and, when applicable, the regional center complete assessments with a hearing target shortly after the birthday.

Step 1: The Capacity Evaluation

If you are requesting medical powers, a physician or clinical psychologist must complete the Confidential Capacity Declaration (Form GC-335). This evaluates whether the proposed conservatee can make their own healthcare decisions.

If the evaluation is handled by the primary care physician, it may be covered by insurance. A standalone neuropsychological evaluation costs $800–$1,500.

Step 2: Assemble the Filing Packet

The filing packet includes at least nine standard forms and related statewide documents, which can include:

• GC-310 — Petition for Appointment of Probate Conservator (the core petition)
• GC-312 — Confidential Supplemental Information (demographics, medical facts, behavioral data)
• GC-314 — Confidential Conservator Screening Form (background check disclosures for the proposed conservator)
• GC-335 — Capacity Declaration (if medical powers requested)
• GC-320 — Citation for Conservatorship (to be personally served on the proposed conservatee)
• GC-020 — Notice of Hearing (mailed to relatives)
• GC-111 — Petition for Appointment of Temporary Conservator (if temporary authority is sought)
• GC-325 — Confidential Declaration on Medical Ability to Attend Hearing (if needed)
• FW-001-GC — Request to Waive Court Fees (if a fee waiver is requested)
• FW-003-GC — Order on Court Fee Waiver (if the court grants a waiver)
• OAH Form — Assignment of Educational Decision-Making Authority (an alternative to conservatorship for educational rights)

Critical detail: GC-312 and GC-314 are confidential filings. They must be kept separate from the public petition and filed according to the court's instructions. Attaching them directly to GC-310 is a common self-represented filer mistake that can lead to the probate examiner returning the packet for correction.

Some counties require additional local forms. Los Angeles mandates e-filing for represented parties and requires a county-specific care plan. Santa Clara requires a local investigator referral form (PB-4002). Check your county's probate division website before filing.

Step 3: File and Pay

File the packet at the probate division of the Superior Court in the county where the proposed conservatee resides. The statewide filing fee is $435. The clerk issues a case number and schedules a hearing date — typically 30 to 90 days out, depending on the county's backlog.

If the proposed conservatee receives SSI, Medi-Cal, or other public benefits, apply for a fee waiver (Form FW-001-GC) simultaneously. Eligibility is based on the proposed conservatee's income, not the petitioner's.

Step 4: Service and Notice

Three separate notice obligations run concurrently:

Personal service on the proposed conservatee. A non-party (process server, sheriff, or any adult who is not a party to the case) must personally hand-deliver the Citation for Conservatorship (GC-320) and a copy of the petition at least 15 days before the hearing.

Mail notice to relatives. The Notice of Hearing (GC-020) and a copy of the petition must be mailed to all second-degree relatives — parents, grandparents, siblings, children, and grandchildren of the proposed conservatee — at least 15 days before the hearing.

Notice to the regional center. A copy of the petition and notice must be mailed to the proposed conservatee's local regional center at least 30 days before the hearing. This triggers the statutory assessment when the proposed conservatee is a regional-center client or consents to it.

Missing any service deadline can result in the judge continuing the hearing. Keep proof-of-service copies for every mailing and personal delivery.

Step 5: Dual Assessments

Two independent evaluations happen in parallel:

Court investigator (under Probate Code Section 1826): conducts an in-person interview with the proposed conservatee, explains their legal rights, evaluates the living environment, runs background checks on all household adults, and files a written report with findings and recommendations.

Regional center (under Probate Code Section 1827.5): if the proposed conservatee is a regional-center client or consents to the assessment, the center must assess them within 30 days of the petition filing and file a confidential report at least five days before the hearing. The report details the individual's disability, adaptive functioning, and recommendations on each of the seven requested powers.

Both reports are influential but not binding on the judge. If the regional center recommends against granting a power you requested, be prepared to explain to the court why you believe it is still necessary.

Step 6: Court-Appointed Counsel

The court automatically appoints independent legal counsel (PVP attorney or public defender) for the proposed conservatee. Under Probate Code Section 1471(d), this attorney must advocate for the client's expressed wishes — not what the attorney believes is best. If the proposed conservatee opposes the petition, their attorney is bound to fight it.

Step 7: The Hearing

The probate judge evaluates the petition under Probate Code Section 1828.5, reviews both assessment reports, consults the proposed conservatee about their views, and decides whether to grant the petition and which powers to transfer.

If the probate examiner flagged issues in "Probate Notes" (technical form errors, missing signatures, incomplete service), these must be resolved before the judge will rule. Unresolved notes result in a continuance.

If granted, the judge signs the Order Appointing Probate Conservator (GC-340).

Step 8: Post-Order Compliance

After the order, the conservator must complete county-level requirements — typically an orientation class (though San Diego exempts limited conservators of the person), post any required surety bond, and obtain certified copies of the Letters of Conservatorship (GC-350) from the clerk.

Within 90 days, the conservator must file an Inventory and Appraisal of the conservatee's assets. Year one brings the first mandatory status report; year two brings the first biennial financial accounting.

Timeline

Uncontested: three to six months from filing to Letters. Los Angeles County: up to nine months due to probate court congestion. Contested matters add months of litigation.

The California Adult Guardianship & Alternatives Guide includes the complete filing preparation checklist, the capability assessment framework that courts expect you to have completed, and the document distribution plan for after you receive Letters.

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