Guardianship and conservatorship in California: who, where, cost
How a court can name a guardian or conservator in California, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Conservatorship of the person, conservatorship of the estate, limited conservatorship (for adults with developmental disabilities)
- Filing fee
- Filing fees start at $435, plus an investigation fee set by each court.
- Court
- Probate department of the superior court, generally in the county where the adult lives.
What guardianship or conservatorship is
- What it is called
Conservatorship of the person, conservatorship of the estate, limited conservatorship (for adults with developmental disabilities)
- When a court may appoint one
A conservator of the person may be appointed for someone unable to provide properly for their personal needs for physical health, food, clothing or shelter. A conservator of the estate may be appointed for someone substantially unable to manage their own finances or resist fraud or undue influence. The court must find that conservatorship is the least restrictive alternative needed, after considering supports such as supported decision-making agreements, powers of attorney, health care surrogates and advance health care directives.
- Kinds
- General conservatorship of the person, the estate, or both
- Limited conservatorship for an adult with a developmental disability (up to 7 specific powers)
- Temporary conservatorship while the main petition is pending
- Mental health (LPS) conservatorship, recommended by mental health professionals and filed by the county conservatorship investigator, not by family
Law: Cal. Prob. Code §§ 1800.3, 1801, 1810, 1820, 1821
Who can ask, which court and your own choice
- Who may ask
The person themselves, their spouse or domestic partner, a relative, an interested state or local agency or public officer, or any other interested person or friend. A creditor cannot petition unless they are one of these.
- Court
Probate department of the superior court, generally in the county where the adult lives.
- Choosing your own
While you have capacity you can nominate your future conservator in a durable power of attorney or another signed writing. The court must appoint your nominee unless that is not in your best interests.
Law: Prob. Code 1810, 4126
- Effect on a power of attorney
If a conservator of the estate is appointed, the agent under a durable power of attorney must also account to the conservator. A California conservator can revoke or change the power of attorney only with a court order.
Law: Prob. Code 4206
Cost, fee waiver and forms
- Filing fee
Filing fees start at $435, plus an investigation fee set by each court.
Source: California Courts self-help guide
- Fee waiver
Request to Waive Court Fees, based on the proposed conservatee's income, not the petitioner's. If granted, it also covers the investigation costs.
Source: form FW-001-GC
- Forms
- GC-310 Petition for Appointment of Probate Conservator
- GC-312 Confidential Supplemental Information
- GC-314 Confidential Conservator Screening Form
- GC-320 Citation for Conservatorship
- GC-020 Notice of Hearing
- GC-348 Duties of Conservator
- GC-335 Capacity Assessment and Declaration
- FW-001-GC Request to Waive Court Fees (guardianship or conservatorship)
- FW-003-GC Order on Court Fee Waiver
- Steps
Other options and where to report abuse
- Supported decision-making
Supported decisionmaking agreements
Effective January 1, 2023
An adult with a disability can choose trusted supporters to help them understand, make and communicate their own decisions. The adult keeps the right to decide, and signing an agreement cannot be used as evidence of incapacity. Either side can end it at any time, orally or in writing. You also have the right to bring supporters to meetings with doctors, banks and service providers.
A written agreement in plain language, signed by the adult with a disability and each supporter in front of two adult disinterested witnesses or a notary public.
Source: Official text
- Less restrictive options
- Supported decision-making: Trusted people help the person make their own decisions. No court is involved.
- Power of attorney: The person names someone to handle financial or legal matters. No automatic court oversight.
- Advance health care directive: The person names a health care agent and writes treatment wishes, including mental health care.
- Representative payee: A person or organization appointed by Social Security manages Social Security or SSI payments.
- Special needs trust or CalABLE account: Money is set aside for a person with a disability so they can keep public benefits.
- Report abuse or exploitation
County Adult Protective Services (California Department of Social Services) · 1-833-401-0832
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: Cal. Welf. & Inst. Code §§ 21001, 21003, 21004, 21005, 21006
Free help in California
- Court self-help centers and other free legal resources (California Courts list)
- Legal services for people 60 and older through local Area Agencies on Aging (California Department of Aging)
- California Courts Self-Help: Helping a person with an impairment or disability
- California Courts Self-Help: Options to help someone (supported decision-making, power of attorney, directive)
- California Attorney General: Advance health care directives
- Find free legal aid at LawHelp.org
Report abuse or exploitation
County Adult Protective Services (California Department of Social Services) · 1-833-401-0832
Questions about powers of attorney in California
How does guardianship or conservatorship work in California?
A conservator of the person may be appointed for someone unable to provide properly for their personal needs for physical health, food, clothing or shelter. A conservator of the estate may be appointed for someone substantially unable to manage their own finances or resist fraud or undue influence.
What does a guardianship or conservatorship cost in California?
Filing fees start at $435, plus an investigation fee set by each court.
What are the alternatives to guardianship in California?
Supported decision-making; Power of attorney; Advance health care directive; Representative payee; Special needs trust or CalABLE account.