How to Become a Conservator
Becoming a Conservator
To become a conservator, you first have to file papers in court. Then you must follow a number of steps and have a court hearing. At the hearing, the judge will decide whether to appoint you conservator.
Steps to ask for a conservatorship of the person
Fill out:
- Petition for Appointment of Probate Conservator (GC-310)
- Notice of Hearing (GC-020)
- Confidential Supplemental Information (GC-312)
- Confidential Conservator Screening Form (GC-314)
- Citation for Conservatorship (GC-320)
- Duties of Conservator (GC-348)
- Conservatee's Information & List of Relatives-*Confidential* (Local Form- PR-1)
- Capacity Declaration (GC-335), which is filled out by a physician or licensed psychologist. When appropriate, include Attachment to Capacity Declaration (GC-335A)
- Ex Parte Order Authorizing Disclosure of Proposed Conservatee's Health Information to Court Investigator (GC-336)
- There may be more forms if you are also asking for a conservatorship of the estate. You may want to talk to a lawyer to find out what else you may need.
- If you want to ask the court to waive the filing fees, also fill out the Request to Waive Court Fees (FW-001-GC) and Items 1, 3, 5, and the case name of the Order on Court Fee Waiver (FW-003-GC). The fee waiver is based on the proposed conservatee's income, not yours.
You may also need:
- Attachment Requesting A Major Neurocognitive Disorder (GC-313) and Major Neurocognitive Disorder Attachment to Capacity Declaration (GC-335A) if the reason for the conservatorship is that the proposed conservatee has dementia AND you are asking for the ability to authorize the administration of medications appropriate for the care and treatment of dementia, or if you are asking for authority to place the proposed conservatee in a secured perimeter residential care facility for the elderly
- Ex Parte Application For Order Authorizing Completion of Capacity Declaration-HIPAA (GC-333)
- Ex Parte Order Re. Completion of Capacity Declaration-HIPAA (GC-334)
In real emergencies, you can ask for a temporary conservatorship if you cannot wait the regular 30 days for the court date on the general conservatorship. To do this, there are more forms for you to fill out. Read below to how to ask for temporary conservatorship.
The original and two copies are for the court. One copy is for you. You will need to make more copies after you file your forms for the people who will have to get notice (see step 4).
E-Filing
If you file your forms electronically (through e-filing), visit our e-filing since instructions for steps #2 and #3 will be different.
Take the original plus the copies to the Clerk's Office. The clerk will return your copies to you, stamped "Filed." You will have to pay a filing fee or turn in your fee waiver forms.
- The clerk will write a court hearing date on your Notice of Hearing (GC-020). That is your court date. Do not miss it.
E-Filing
If you file your forms electronically (through e-filing), visit our e-filing since instructions for steps #2 and #3 will be different.
You must "give notice" to the proposed conservatee and the proposed conservatee's relatives. This means someone 18 or older -NOT you-must "serve" (give) copies of your court forms either in person or by mail to those people so they will know you are asking to be the conservator. You must do this even if you think they do not care or they disagree with you.
These are the general rules for giving notice:
- At least 15 days before the court date, serve the Petition for Appointment of Probate Conservator (GC-310) and the Notice of Hearing (GC-020).
- Give notice in person to the proposed conservatee.
- Give notice by mail to the proposed conservatee's relatives:
- Spouse or domestic partner,
- Parents,
- Adult children,
- Brothers and sisters,
- Grandparents, and
- Adult grandchildren.
If you do not know where someone is, you will have to look for them and then ask the court to let you move ahead with your case without giving notice to them. Click for tips on how to find someone (California Courts website).
For the relatives you could not find:
- Write down everything you did to try to find them, with details of who you talked to, what places you looked for them, online searches, the dates, and what the results were.
- Then, file a Request to Dispense with Notice that includes all the details of your efforts to find the missing relative. It is not an existing court form, but you can use this template.
- File your Request to Dispense with Notice with a blank Order Dispensing With Notice (Form GC-021).
- If the judge approves your request, the judge will sign the Order Dispensing Notice and you will be able to move ahead with your case without giving notice to the missing relative(s).
- For personal service, the person serving the documents (server) fills out and signs the Proof of Personal Service of Notice of Hearing (GC-020(P)) and then gives it to you.
- For service by mail, the server fills out and signs the Proof of Service by Mail on page 2 of the Notice of Hearing (GC-020) and then gives is to you.
- File your proofs of service with the court clerk before your court date
Before the court hearing, the court investigator will meet with the proposed conservatee and:
- Explain how the conservatorship will affect them.
- Explain what will happen at the court hearing.
- Explain their right to object to (fight) the conservatorship, have a lawyer, ask for a different conservator, and have a jury trial.
- Find out if the proposed conservatee wants to and can go to the hearing.
- If the investigator believes the proposed conservatee cannot understand or give an opinion, the investigator may decide that the court should appoint a lawyer to represent the proposed conservatee.
The investigator will also:
- Meet with you as the proposed conservator,
- Review your Petition for Appointment of Probate Conservator (GC-310) and review your Confidential Supplemental Information (GC-312) and get more information if needed.
- Review, if needed, the proposed conservatee's confidential medical records.
- Talk to the relatives, and other people who may know the proposed conservatee and their situation, to consider the information when reporting about whether the conservatorship is necessary (or not).
After the investigation, the court investigator will write a confidential report for the judge that summarizes all the information and includes:
- Recommendations about your case, and
- Any concerns the court investigator may have about the conservatorship.
Before you see the judge at your court hearing, you will have to watch a 20-minute video called With Heart: Understanding Conservatorship, and read the Handbook for Conservators.
The purpose of this requirement is to make sure you understand what your duties and responsibilities as conservator will be if the court appoints you. It is very important you do this step. You will not be able to get appointed without it.
Get to your hearing on time. The date, time, and room of your hearing will be on your Notice of Hearing (GC-020).
Take to your hearing:
- Order Appointing Probate Conservator (GC-340),
- Letters of Conservatorship (GC-350, and
- All your other court papers.
Note: If are asking to be appointed as the conservator of the estate, the court can require that you purchase a bond to cover the value of the estate. If you have questions about the bond, talk to a lawyer.
At the hearing, the judge will make a decision on your request to be appointed conservator.
If the judge agrees that you can be the conservator:
Take your signed Order Appointing Probate Conservator (GC-340), and your prepared Letters of Conservatorship (GC-350) to the clerk's office right after your hearing. The clerk will file both documents. Your appointment as conservator is not effective until your Letters of Conservatorship are issued and filed.
Note: Get from the clerk at least 1 CERTIFIED COPY of the Letters of Conservatorship for each person or entity that will have regular contact with the conservatee.
After the first year, unless otherwise ordered by the court, the court investigator will review the case to make sure you are meeting your duties as conservator and the conservatee is doing well. After that first year, the investigator will visit every 2 years or as often as necessary.
If the investigator thinks there is a problem, they will write a report to the judge and ask that the court appoint a lawyer for the conservatee. If the judge determines that you can no longer be the conservator, you will be removed.
How to Ask for Temporary Conservatorship
Sometimes, there is an emergency that cannot wait until a general conservator is appointed. When this happens, you can ask for a temporary conservatorship. You must show "good cause," which means you have to have a really good reason to ask for a temporary conservatorship. Just because you think it is an emergency does not mean the law considers it an emergency.
Temporary conservatorships:
- Are usually ordered for a fixed time period, usually 30 to 60 days, until there is time for the hearing on the general conservatorship.
- Can be of the person, of the estate, or both.
- Are mainly to ensure the temporary care, protection, and support of the conservatee. If the emergency is regarding the estate, it would be to protect the conservatee's finances and property from any loss or damage until a general conservator can take over the management of the estate.
Keep in mind that to file for a temporary conservatorship, you still have to file for a general conservatorship at the same time.
To ask for an emergency temporary conservatorship of the person:
- Fill out:
- All the general conservatorship forms listed here, PLUS
- Petition for Appointment of Temporary Conservator (GC-111),
- Notice of Hearing (GC-020) for the temporary conservatorship petition,
- Letters of Temporary Conservatorship (GC-150) (just the top boxes, with your name, address, case name and case number),
- Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (GC-112),
- Declaration Re. Notice of Ex Parte Application (Local Form PR-9),
- Order on Ex Parte Application (GC-115), and
- Order Appointing Temporary Conservator (GC-141).
Make sure that in your papers, you let the court know clearly if anyone (like a spouse, parent, adult child, sibling, grandparent, or adult grandchild of the proposed conservatee) opposes your petition to be appointed conservator.
- Make at least 3 copies of all your forms.
- File all your forms at the Clerk's Office AND turn in your temporary conservatorship request to the Probate Clerk's office.
- File all of the forms for the general conservatorship in the Clerk's Office and take your forms for the temporary conservatorship request to the Probate Clerk's office for the probate court investigator to review your request. It is recommended that you make an appointment for the Court Investigator to review your papers before you turn them in to the clerk. Make the appointment by calling the Court Investigator's office at: 650-261-5068
- File your temporary conservatorship request in the Clerk's Office.
After the Probate investigator reviews your request, file your forms in the Clerk's Office.
- Give notice.
In most emergency cases, the San Mateo court will review your request as an ex parte request. This means that there will be no court hearing, unless the court thinks one is needed, and the temporary conservatorship orders can be made after review. Follow the California Rules of Court, Rules 3.1200-3.1207 and the San Mateo Superior Court Local Rule 4.76 carefully.
If the court reviews your case as an ex parte request, you will have to give notice that you are asking for a temporary conservatorship by 10 a.m. the court day before your ex parte request is to be reviewed by the judge. You will have to give notice, by telephone, fax, in person, or some other valid way, of your request to:
- The proposed conservatee,
- Spouse or domestic partner,
- Parents,
- Adult children,
- Brothers and sisters,
- Grandparents, and
- Adult grandchildren.
For each person that has to get notice, fill out and file with the clerk a Declaration Re. Notice of Ex Parte Application (Local Form PR-9), explaining when and how you told them about the ex parte request.
If you were not able to notify someone about the request-because you don't know where they are, or because you believe it could be dangerous to you or the proposed conservatee, or some other really good reason-explain that on the Local Form PR-9, in Item 4. Again, make sure the court knows if anyone opposes the conservatorship that you are aware of.
In some situations, the court will set a regular hearing date for the temporary conservatorship. For those cases, at least 5 days before the court date, you must have someone 18 or older, NOT you serve the Petition for Appointment of Temporary Conservator (GC-111) and Notice of Hearing (GC-020):
- In person to the proposed conservatee.
- By mail to the proposed conservatee's relatives:
- Spouse or domestic partner,
- Parents,
- Adult children,
- Brothers and sisters,
- Grandparents, and
- Adult grandchildren.
The person who does this for you must fill out and sign the Proof of Personal Service of Notice of Hearing (GC-020(P)) for the proposed conservatee served in person, and the Proof of Service by Mail on page 2 of the Notice of Hearing (GC-020) for the relatives served by mail. You then file these Proof of Service forms with the court.
- Remain at the court or return as instructed by the clerk or investigator so that your matter may be reviewed or go to the court hearing if there is one.
Usually, your matter will be reviewed that day (rather that the court scheduling a hearing on the temporary conservatorship). However, if the court gives you a court date, get to your hearing on time. The date, time, and room of your hearing will be on your Notice of Hearing (GC-020).
Take to your hearing:
- Find out the judge's decision.
If the judge agrees that you can be the temporary conservator, you will get:
- Order Appointing Temporary Conservator (GC-141), and
- Letters of Temporary Conservatorship (GC-150) that you must sign.
The court will also set a hearing on the general conservatorship.