California Professional Fiduciary and Public Guardian Conservatorship
When Family Members Cannot Serve
Not every family has a parent or sibling able to take on the conservator role. Aging parents worry about what happens when they can no longer serve. Single-parent families may have no backup. In contested cases, a judge may conclude that no family member can act impartially.
California offers two alternatives: licensed professional fiduciaries and county public guardians. Both operate under court supervision, but they serve different populations and come with different costs.
Professional Fiduciaries
A professional fiduciary is a private individual or firm licensed by the California Professional Fiduciaries Bureau under Business and Professions Code § 6500 et seq. They manage conservatorships, guardianships, and trusts as a paid profession.
Licensing requirements. Professional fiduciaries must pass a licensing exam, maintain a surety bond, complete continuing education, and submit to background checks. The license is administered by the Department of Consumer Affairs.
Cost. Professional fiduciary fees typically range from $100 to $250 per hour. For a conservatorship, monthly management costs depend on the complexity of the conservatee's affairs — a straightforward case with SSI income and stable living arrangements might cost $500 to $800 per month, while a case involving property management, medical coordination, and complex benefits runs significantly higher. These fees are paid from the conservatee's estate.
When courts appoint them. Judges appoint professional fiduciaries when no suitable family member is available, when family conflict makes a neutral third party necessary, or when the conservatee's estate involves assets complex enough to require professional management. Courts can also appoint a professional fiduciary when a family conservator has been removed for cause.
Finding one. The Professional Fiduciaries Bureau maintains a public database of licensed fiduciaries at fiduciary.ca.gov. Local probate courts often maintain referral lists. Your attorney or Regional Center service coordinator may also have recommendations.
County Public Guardians
Every California county operates a public guardian's office (or contracts with one). The public guardian serves as a conservator of last resort for individuals who have no family member or financial resources to retain a private fiduciary.
Eligibility. Public guardian services are generally reserved for indigent or low-income conservatees — people whose only income is SSI or Social Security and who have no family able to serve. The public guardian's office will evaluate whether the referral meets their criteria before accepting the case.
Cost. Public guardian services are funded through the county budget. The conservatee is generally not charged fees, though some counties bill the conservatee's estate at a reduced rate if assets exist. For families whose adult child has no assets beyond SSI, public guardian services are essentially free.
Service quality varies. Public guardian caseloads range from manageable to overwhelming depending on the county. In large metropolitan counties, individual caseworkers may carry 60 to 100+ cases. This can mean less personalized attention and slower response times compared to a private fiduciary.
Referral process. Public guardian referrals typically come through Adult Protective Services, the court system, hospitals, or Regional Centers. Families can contact their county public guardian's office directly to inquire about eligibility.
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Succession Planning for Family Conservators
The most common reason families need a professional fiduciary or public guardian is a parent conservator who can no longer serve due to aging, illness, or death. Planning for this transition should begin well before it becomes urgent.
Options include naming a successor conservator in the court petition, identifying a sibling or other family member who is willing and able to take over, establishing a special needs trust with a professional trustee, or researching local professional fiduciaries and the county public guardian's services.
The California Adult Guardianship & Alternatives Guide includes a succession planning framework that helps families document their wishes and prepare the paperwork needed for a smooth transition of conservatorship authority.
The Alternative: Avoiding Conservatorship Altogether
For families whose primary concern is succession — what happens when I am gone — the better question may be whether conservatorship is needed at all. A well-structured Supported Decision-Making Agreement with multiple supporters, combined with a special needs trust and carefully drafted powers of attorney, can provide lifelong support without court involvement. These arrangements can be designed to survive the loss of any single supporter.
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