How long does it take to set up a conservatorship?
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.
What county is your case in?
Every California county runs its own probate court, and each one has its own calendar and local rules. When you file your documents with your local county court, some courts will schedule your hearing six weeks away, others will schedule it six months away. If you're not sure how quickly (or slowly) your county court schedules conservatorship hearings, that's worth asking early, since it directly affects when you should start. Add in the time it takes for you or an attorney to complete the paperwork to get your case started, and you’re looking at roughly three to eight months from start to finish.
Handling the case yourself
Some families choose to file a conservatorship petition on their own without an attorney. The forms are all available online, and some conservatorship cases can require up to roughly 15 different forms. While all California courts require some of the same forms, other form requirements vary depending on the county. Each form has its own requirements, and small mistakes or omissions are a common reason courts end up delaying a hearing. Some families do just fine handling this themselves, while others find that figuring out which forms to use and how to complete them all is too overwhelming.
Working with an attorney
An attorney who handles conservatorships regularly has filled out these forms many times and knows exactly what your specific county court expects. That familiarity helps you avoid the small errors and omissions on the forms and the procedural errors of the steps you are required to complete before the hearing. Errors like these result in delayed hearings.
Working with an attorney doesn't guarantee a faster hearing date, but it does remove the delays that come from avoidable mistakes. It also saves you the stress of figuring out how to fill out the seemingly endless forms and how to complete the necessary steps before the hearing, such as serving notice.
Need a conservatorship immediately?
There is a temporary conservatorship process that happens much faster (usually within 3 weeks) and allows you to serve as a temporary conservator until the real hearing. Learn more by reading my post about temporary conservatorships.
Working with Alexis
I pride myself on preparing documents quickly so your case can get filed with the court right away. I have handled cases in 14 counties and counting, and I know how to get information about the correct process in any California county. I handle every case personally and keep clients informed at each stage, so you always know where things stand.
I offer two service package options:
· Full service. I represent you as your attorney through the conservatorship case and handle all the paperwork and procedural details.
· Document preparation only. I prepare all the documents you need and you handle the case yourself. I do not serve as your attorney through the process.
If you're facing a deadline or an urgent situation, the sooner we talk, the sooner your case can get filed with the court.
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This article is general information about California law and is not legal advice. Timelines vary by county and by the facts of each case. For guidance on your specific situation, please consult a qualified conservatorship attorney.
