One of the most important documents in a conservatorship case is the Confidential Capacity Assessment and Declaration, form GC-335, completed by a California licensed physician or psychologist. Most of the form is dedicated to assessing the proposed conservatee's cognitive functioning, things like memory, attention, and reasoning. Based on that assessment, the clinician then offers an opinion on whether the person has the capacity to make their own medical decisions.

The cost of a California conservatorship depends on a few key factors: the type of conservatorship, whether you hire an attorney, whether the case is contested, and for a conservatorship of the estate, the size and complexity of the conservatee's assets. Cost is one of the first questions families ask, and one of the most stressful, because you're already dealing with a hard situation. 

Here's a clear breakdown of what goes into the cost of a California conservatorship, and the options that can make it more manageable.

Adding a co-conservator in California starts with filing a petition asking the court to appoint an additional person to serve alongside the existing conservator. It's a similar, but not identical, process to setting up a conservatorship. Once the court grants the petition, both conservators share the authority and responsibilities the court has outlined.

A conservatorship isn't the only way to help a loved one who needs support with decisions, finances, or medical care. Depending on the situation, options like supported decision-making, a power of attorney, or a trust can often do the job, without going to court at all.

California law actually requires a judge to consider whether one of these less restrictive alternatives could work before granting a conservatorship. Here's how each option works and how to figure out which one fits your family.

A properly drafted estate plan will almost always prevent the need for a conservatorship. In California, that means putting a revocable living trust, a durable power of attorney, and an advance health care directive in place before they're needed. These documents let someone you trust step in and manage your finances and health care decisions if you become incapacitated, without ever going to court.

Without them, a family member may have to petition the court for a conservatorship just to get the legal authority to act on your behalf. It's a process that works, but it can be costly and take months to complete. Estate planning avoids all of that.

The difference between a general and limited conservatorship comes down to who the conservatorship is for and how much authority the conservator has. A general conservatorship is for adults who can't care for themselves or manage their finances, usually due to serious illness, injury, or advanced age. A limited conservatorship is for adults with developmental disabilities who need support in specific areas.

California also has a separate mental health conservatorship, called LPS, which follows its own laws and procedures. Our firm doesn't handle LPS conservatorships, and this post focuses on Probate Code conservatorships only.

A California conservatorship can cover two different things: the conservatee's personal care and their finances. Conservator of the person and conservator of the estate are separate roles with different responsibilities, and can even be different people. Understanding the distinction matters. You might need one, the other, or both. Here's what each role involves and the duties that come with it.

A limited conservatorship is built on a single idea: an adult with a developmental disability should keep as much independence as possible, and a conservator should hold only the specific decision-making authority that person genuinely needs. California law puts that idea into practice through seven distinct powers listed in Probate Code Section 2351.5.

When you petition the court, you request the particular powers that fit your loved one's situation, and the judge grants only the ones the evidence supports. Let’s take a look at the seven powers.

Supported Decision-Making (SDM) is a formal, written agreement in which an adult with a disability names one or more trusted supporters (family, friends, or professionals) to help them understand their options, make their own choices, and communicate those choices, without handing decision-making authority over to anyone else. It lets a person keep their own legal rights while getting real support from people they trust.

Not every adult who needs help with decisions needs someone else to make those decisions for them. That simple idea is the heart of Supported Decision-Making, and for many families weighing a conservatorship, it's an alternative worth understanding.

A limited conservatorship is a specific type of conservatorship in California built for adults with developmental disabilities, such as autism, down syndrome, cerebral palsy, or an intellectual disability. It's a court proceeding in which a judge appoints a responsible adult, called the limited conservator, usually a parent, to help make certain decisions about the person's care, finances, or both.

If you are the parent of a child with a developmental disability, their upcoming 18th birthday is a lot to think about. School, healthcare, and public benefits. It's a big transition, and there's one more piece most parents don't see coming: you lose the automatic right to make decisions for them once they are legally an adult. That’s where conservatorship comes in, but is it necessary? Here's what actually changes, whether you need to act, and how far ahead to start planning.

For most California conservatorships, whether a general conservatorship for an adult who has lost capacity, or a limited conservatorship for an adult with a developmental disability, the process typically takes three to eight months to complete. This range depends on a couple of things, including what county you're in, and whether you handle it yourself or work with an attorney.

When a loved one is suddenly in danger, such as being hospitalized and unable to make medical decisions or pay their bills, the usual three-to-eight-month conservatorship timeline can feel impossibly slow. The good news is that California law has a faster path for these situations.

If you're serving as a conservator, here's a question worth asking: what happens to your conservatee's care when you're no longer able to serve? A written nomination can address it, but there's a common misconception about what it actually does (and doesn't) guarantee. Read on for what you need to know, plus a free template to get started.