Temporary vs. Permanent Conservatorship in California
A temporary conservatorship in California is a short-term appointment the court can make in an urgent situation, and it stays in place until the hearing on the petition for a permanent conservatorship. A permanent conservatorship is the lasting arrangement a judge puts in place after a full hearing.
A temporary conservatorship is only requested when something can’t wait, and it doesn’t automatically turn into a permanent one. It handles the emergency happening right now, while a permanent conservatorship provides the ongoing authority your loved one needs. Here’s how they differ and when each one applies.
First, a note on "permanent"
“Permanent conservatorship” isn’t an official legal term. It’s how people describe the main conservatorship a court establishes after the full process, as opposed to a temporary conservatorship, which is the short-term order someone can request while the permanent case is pending. No conservatorship is literally “permanent.” A conservatorship ends if the court finds the conservatee no longer needs it, or when the conservatee passes away. Either way, the court oversees it the entire time it’s in place.
When is a temporary conservatorship used?
A temporary conservatorship is for emergencies, situations that can’t wait for the full process to run its course. That might be an urgent medical need, or a situation where someone’s assets are in jeopardy and need protection right away.
You file the request for a temporary conservatorship at the same time as the petition for the permanent conservatorship. A temporary conservatorship can be put in place within a few weeks, compared to 3 to 8 months for a permanent conservatorship. If the court grants it, it stays in place until the full hearing, when the judge decides on the permanent conservatorship.
A few common questions
Do I always need a temporary conservatorship?
No. It’s only for emergencies. If there’s no urgent need, you pursue the conservatorship on the normal timeline.
Does the temporary conservator automatically become the permanent one?
No. The judge decides who to appoint at the full hearing, based on what’s best for the conservatee.
Is this the same as an LPS conservatorship?
No. This post covers probate conservatorships. A severe mental health crisis is handled through a separate process, an LPS conservatorship, which is initiated through the county mental health system. If someone is in immediate danger, contact emergency services right away.
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Whether your family needs to move fast, plan for the long term, or both, I can help you understand which steps apply and handle them for you. I guide families through the conservatorship process, including temporary conservatorships when time is critical, and I handle every case personally. I serve families throughout Marin, the greater Bay Area, and beyond.
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This article is general information about California law and is not legal advice. If someone is in immediate danger, call 911 or a crisis line. For guidance on your specific situation, please consult a qualified conservatorship attorney.
