California: Adult Guardianship and Conservatorship Petition Requirements
The short answer
California calls the ordinary adult proceeding a probate conservatorship: the court may appoint a conservator of the person, the estate, or both only on clear and convincing evidence of the specific personal-needs or financial-management standard. The petition and confidential supplement must give functional facts, identify the powers sought, disclose relatives and the adult's preferences, and explain alternatives considered or tried; the court must expressly find conservatorship is the least restrictive alternative after considering the adult's abilities with supports. The adult receives the citation and petition at least 15 days before the hearing, has appointed counsel if otherwise unrepresented, ordinarily must attend, may oppose and demand a jury, and is interviewed by a court investigator who reports before the hearing.
Ask Ezel about your situation
This is the general rule in California. Ezel applies current California law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | General probate conservatorship under Probate Code §§ 1800.3–1836; the court may appoint a conservator of the person, estate, or both. California uses 'guardian' for minors, not this ordinary adult proceeding. |
|---|---|
| Who may file and where | The adult, spouse/domestic partner, relative, interested state/local agency or officer, or any other interested person/friend may file; a creditor may file only if also in a permitted spouse/relative/agency category (§ 1820). File in the adult's county of residence or another county the court finds is in the adult's best interests (§ 2201). |
| What the petition must contain | Request person, estate, or both; identify the adult and proposed conservator; explain necessity; list spouse/partner and relatives; disclose professional-fiduciary fees/engagement when applicable; and, if filed by someone else, document diligence and the adult's preferences. A separate confidential supplement must give functional personal/financial facts, residence, services, and alternatives considered or tried (§ 1821). |
| Proof required for appointment | Clear and convincing evidence (§ 1801(e)): for the person, inability to provide properly for physical health, food, clothing, or shelter; for the estate, substantial inability to manage financial resources or resist fraud/undue influence. Isolated negligence or improvidence alone cannot prove the financial standard (§ 1801(b)). |
| Alternatives the court must address | Mandatory. The court must expressly find conservatorship is the least restrictive alternative and consider abilities with current/possible supports (§ 1800.3); the filing must explain why alternatives are unsuitable and describe alternatives tried, including supported decision-making, powers of attorney, advance directives, and a health-care surrogate (§ 1821(a)(1)(C)). |
| Notice, service, and hearing timing | Citation and petition must be served on the adult at least 15 days before the hearing (§ 1824). At least 15 days before the hearing, notice plus the petition must also go to the spouse/domestic partner and listed relatives; the court may not shorten that notice period (§ 1822). |
| Counsel and hearing rights | If unrepresented and not planning to retain counsel, the adult must receive appointed public-defender or private counsel (§ 1471). The adult may appear, oppose, and demand a jury (§§ 1823, 1827), and ordinarily must be produced at the hearing; statutory absence grounds are out-of-state service, medical inability, or an investigator-confirmed knowing nonappearance/no-contest position accepted by the court (§ 1825). |
| Medical evidence or court evaluator | A court investigator must personally interview the adult and key participants, explain rights, review the petition and relevant medical reports, assess functional deficits and preferences, and file and deliver a written report at least 5 days before the hearing (§ 1826). The general statute uses this investigator process rather than making a physician certificate a universal petition attachment. |
| Limits on the order | The court must expressly find conservatorship is the least restrictive alternative and consider supports before granting person, estate, or combined authority (§ 1800.3). Temporary conservatorship is a separate good-cause petition available only on or after the general petition is filed and lasts pending final determination (§ 2250). |
Compare this rule across all 50 states + DC →
Requirements one by one
Proceeding and state terminology
California calls the ordinary adult case a probate conservatorship, not an
adult guardianship. The court may appoint a conservator of the person, the
estate, or both under § 1800.3(a). The two forms answer different questions:
personal care under § 1801(a), and financial management or resistance to fraud
or undue influence under § 1801(b). Limited conservatorships for adults with
developmental disabilities and Lanterman-Petris-Short mental-health
conservatorships are separate proceedings outside this page's scope.
Who may file and where
Section 1820(a) permits the proposed conservatee, spouse or domestic partner, a
relative, an interested state or local agency or official, or "[a]ny other
interested person or friend" to file. A creditor does not get independent
standing merely by being owed money: § 1820(c) permits a creditor-petitioner
only when the creditor also falls within the spouse/partner, relative, or
government category.
For a California resident, § 2201 permits filing in the county where the adult
resides or another county the court finds is in the adult's best interests.
What the petition must contain
Section 1821 requires the petition to identify the proposed conservator and
proposed conservatee, request a conservator of the person, estate, or both, and
state why conservatorship is necessary. The separate confidential supplement
must supply facts about personal-needs limitations, residence, recent services,
financial-management limitations, and alternatives considered or tried. When
someone other than the adult files, a due-diligence declaration must also report
the adult's preferences about whether a conservator should be appointed and who
should serve, or explain why those preferences could not be learned.
Proof required for appointment
The court must apply separate functional tests. For a conservator of the person,
§ 1801(a) asks whether the adult is "unable to provide properly" for physical
health, food, clothing, or shelter. For a conservator of the estate, § 1801(b)
asks whether the adult is "substantially unable" to manage financial resources
or resist fraud or undue influence. The statute expressly says isolated
negligence or improvidence alone cannot prove the financial test. Section
1801(e) sets the burden for appointment at clear and convincing evidence.
Alternatives the court must address
This is both a filing requirement and a merits requirement. Section 1821(a)(1)(C)
requires facts about alternatives considered, why they are unsuitable, and any
alternatives actually tried. Its examples include supported decision-making,
powers of attorney, advance health care directives, and designation of a health
care surrogate.
The court then must make an express finding under § 1800.3(b) that the
conservatorship is "the least restrictive alternative needed for the protection
of the conservatee." In making that decision, § 1800.3(c) requires consideration
of the adult's abilities and capacities with current and possible supports.
Notice, service, and hearing timing
The adult receives a citation and the petition at least 15 days before the
hearing under § 1824. Separately, § 1822 requires at least 15 days' notice of the
hearing, accompanied by the petition, to the spouse or registered domestic
partner and the relatives listed in the petition. The court may not shorten the
§ 1822 period.
Counsel and hearing rights
If the adult is not represented and does not plan to retain counsel, § 1471(a)
requires the court to appoint the public defender or private counsel at or
before the hearing. The citation must explain that the adult may appear, oppose
the petition, choose counsel, receive appointed counsel, and request a jury
under § 1823. Section 1827 confirms that a jury trial is available when the
proposed conservatee demands it.
Section 1825 ordinarily requires the adult to be produced at the hearing. The
exceptions are narrow: the adult was served while outside California; a
qualified medical affidavit or certificate establishes inability to attend; or
the investigator reports an express decision not to attend, no wish to contest,
and no objection to the proposed conservator, and the court excuses attendance.
That medical evidence concerns attendance only and "shall not be considered" as
proof that conservatorship itself is needed.
Medical evidence or court evaluator
California's general statute centers the court investigator rather than a
single mandatory physician certificate attached to every petition. Under §
1826(a), the investigator personally interviews the adult, petitioners, proposed
conservators, and specified relatives; explains the proceeding and rights;
reviews the functional allegations and relevant medical reports; asks about
opposition, counsel, attendance, and the proposed appointee; and reports in
writing at least five days before the hearing. The report also goes to the adult,
the lawyers, and specified close relatives unless the court finds delivery would
harm the adult.
Limits on the order
The order cannot be justified merely because assistance would be useful. Section
1800.3 requires an express least-restrictive-alternative finding before the court
may grant a conservatorship of the person or estate, and requires the judge to
consider what the adult can do with supports.
Temporary conservatorship is a separate route under § 2250. It may be requested
only on or after the general petition is filed, requires facts establishing good
cause, and serves only pending the court's final determination of the general
petition. Its shorter notice and interim powers should not be substituted for
the ordinary rules summarized above.
What trips people up
A diagnosis is not the legal test. The statute asks what the adult can
actually do in the personal or financial domain, applies a clear-and-convincing
burden, and forbids proving financial incapacity solely with isolated negligent
or improvident incidents.
The petition has to do more than say that help is needed. The confidential
supplement must address concrete functional facts and alternatives, including
what was tried and why it failed. The judge must then independently make the
least-restrictive finding.
There are two 15-day procedural duties. The adult must receive the citation
and petition under § 1824, while the spouse/partner and listed relatives receive
the hearing notice and petition under § 1822. Completing one track does not
replace the other.
Common questions
Can the adult choose a particular court-appointed lawyer? Yes, subject to
conflict and advocacy limits. Section 1471(c) says the court shall allow the
adult's preferred attorney even if that lawyer is not on the court's appointment
list, so long as the lawyer can provide zealous advocacy and has no conflict.
Who may see the confidential supplemental information? Section 1821(a)(5)
limits it to parties, noticed people who request it or appear, their attorneys,
and the court, unless the court releases it to someone else because doing so
would serve the conservatee's interests.
Statutes and sources
- Cal. Prob. Code § 1800.3 — least-restrictive-alternative finding and current
or possible supports.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1800.3. (accessed 2026-07-18) - Cal. Prob. Code § 1801 — separate personal and estate standards and the clear-
and-convincing burden.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1801. (accessed 2026-07-18) - Cal. Prob. Code § 1820 — who may petition and the creditor limitation.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1820. (accessed 2026-07-18) - Cal. Prob. Code § 2201 — venue for a California resident.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2201. (accessed 2026-07-18) - Cal. Prob. Code § 1821 — petition, confidential supplement, relatives, due
diligence, preferences, and alternatives.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1821. (accessed 2026-07-18) - Cal. Prob. Code § 1822 — 15-day family notice and petition delivery.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1822. (accessed 2026-07-18) - Cal. Prob. Code § 1824 — service of citation and petition on the adult.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1824. (accessed 2026-07-18) - Cal. Prob. Code § 1471 — mandatory appointed counsel and preferred counsel.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1471. (accessed 2026-07-18) - Cal. Prob. Code § 1823 — rights stated in the citation.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1823. (accessed 2026-07-18) - Cal. Prob. Code § 1825 — attendance and statutory absence grounds.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1825. (accessed 2026-07-18) - Cal. Prob. Code § 1826 — mandatory court investigation and prehearing report.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1826. (accessed 2026-07-18) - Cal. Prob. Code § 1827 — civil-trial procedure and jury demand.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1827. (accessed 2026-07-18) - Cal. Prob. Code § 2250 — separate temporary-conservatorship petition and good-
cause standard.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2250. (accessed 2026-07-18)
Source links
Every statute quoted above, linked, with the date we checked it.
Get the answer for your situation
You just read how California handles this in general. Ezel applies current California law to your facts and answers your specific question, with citations.
Opens in Ezel Pro. Every answer cites the authority it relies on.