California Regional Center Conservatorship Assessment: What Happens Under Probate Code § 1827.5

The Mandatory Assessment Requirement

When someone files a limited conservatorship petition in California, the Regional Center must conduct an assessment of the proposed conservatee. This is not optional. Probate Code § 1827.5 requires California's 21 Regional Centers to evaluate any client (or person who consents to the assessment) within 30 days of the petition's filing.

The Regional Center's confidential written report must be filed with the court at least five days before the hearing date. Judges rely heavily on this report when deciding which of the seven powers to grant.

What the Assessment Covers

The Regional Center assessment evaluates the proposed conservatee across several domains:

Adaptive functioning. How well does the person manage daily living activities — personal hygiene, meal preparation, transportation, and household tasks? The assessor looks at what the person can do independently versus what requires support.

Decision-making capacity by domain. The report does not render a blanket yes-or-no on capacity. Instead, it evaluates each of the seven powers separately. A person might demonstrate clear capacity to choose their own residence and social contacts but need support with financial contracting and medical decisions.

Current support structures. The assessor documents what supports are already in place — whether the person has a Supported Decision-Making Agreement, an active Individual Program Plan (IPP), In-Home Supportive Services (IHSS), or other community services. The report considers whether these existing supports make conservatorship unnecessary.

Recommendations on each power. The report concludes with specific recommendations: which of the seven powers the Regional Center believes are warranted and which are not. Courts treat these recommendations as highly persuasive, though not legally binding.

How to Prepare for the Assessment

Contact your Regional Center service coordinator immediately after filing the petition. Some Regional Centers have dedicated conservatorship assessment coordinators; others assign the task to the client's existing service coordinator.

Gather documentation in advance: the most recent IPP, any psychological or neuropsychological evaluations, school transition assessments, and records showing the person's functional capabilities in daily life. If the person uses a Supported Decision-Making Agreement or has executed powers of attorney, provide copies.

The assessment typically involves an in-person meeting with the proposed conservatee, sometimes at their home or day program. The assessor may also interview family members and support providers.

Assessment Backlogs and Delays

Regional Center assessment delays are a real problem. The Department of Developmental Services has historically provided limited guidance on standardized assessment protocols, and caseload backlogs vary significantly across the state's 21 centers. Some centers complete assessments within two weeks; others take the full statutory 30-day window.

If the Regional Center fails to file its report by the five-day deadline, the court may continue (postpone) the hearing rather than proceed without the assessment, adding delay to the schedule.

To prevent delays, submit your Regional Center referral forms immediately after filing the petition with the court. Keep a documented timeline of all communication — dates of calls, emails, and in-person visits. If the center is unresponsive, escalate to the Regional Center director and notify the court clerk.

When the Report Disagrees With Your Petition

The assessment report must make recommendations on each requested power. The research describes courts as more amenable to powers over confidential records, contracting, and medical consent and more cautious about powers over residence, marriage, and social/sexual relationships; the Regional Center's recommendations are influential but not binding.

If the report recommends against a power you requested, you can still argue for it at the hearing. Bring independent evidence: a neuropsychologist's report, documented incidents showing risk, or testimony from support providers who observe the person daily. The judge will weigh the Regional Center's recommendation against your evidence.

If the report recommends against conservatorship entirely — finding that existing supports are sufficient — the court takes that seriously. You will need strong evidence showing that the current alternatives have failed or are inadequate.

The California Adult Guardianship & Alternatives Guide walks through how to build a capability assessment that aligns with what Regional Center assessors evaluate, and includes preparation checklists for each of the seven powers.

The IPP Connection

Your adult child's Individual Program Plan at the Regional Center is the roadmap for their services. When the conservatorship assessment happens, the assessor cross-references the IPP to see what supports the person already receives and whether additional services could substitute for court-ordered authority.

If the IPP has not been updated recently, schedule a review before the conservatorship assessment. An IPP that documents the person's transition needs, adult services, and support gaps strengthens both your petition and the assessor's ability to make accurate recommendations.

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