A conservatorship of the person is a probate court proceeding used when an adult cannot adequately provide for personal needs such as food, clothing, shelter, medical care, or safety. At Westlake Law Group, we represent spouses, adult children, caregivers, and concerned family members throughout Westlake Village, Thousand Oaks, Calabasas, and surrounding communities in Ventura County and Los Angeles County in California conservatorship of the person matters.
Because a conservatorship can limit an adult's civil rights and decision-making authority, California courts require strict compliance with statutory procedures, required notices, medical capacity evidence, and ongoing court supervision. Whether you are seeking to establish a conservatorship, responding to a petition, or addressing a dispute among family members, we provide representation tailored to the urgency and complexity of conservatorship proceedings.
If you need help with a conservatorship of the person in Southern California, call (818) 444-2022 or submit a consultation request through our contact page:
https://www.californiatrustattorney.com/contact-us
What Is a Conservatorship of the Person?
A conservatorship of the person is a court-supervised arrangement in which a judge appoints a conservator to make certain personal care decisions for an adult (the conservatee). These decisions commonly involve living arrangements, access to appropriate care, and medical decision-making authority when the conservatee lacks capacity to make or communicate safe decisions.
Probate conservatorships are governed by Division 4 of the California Probate Code. Statutory grounds for appointment are addressed in Probate Code section 1801:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1801.
California law also emphasizes that a conservatorship should be used only when less restrictive alternatives will not work, as reflected in Probate Code section 1800.3:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1800.3.
General conservatorship information is available through the California Courts Self-Help Guide:
https://selfhelp.courts.ca.gov/conservatorships
Conservatorship of the Person vs. Conservatorship of the Estate
A conservatorship of the person focuses on health, care, and day-to-day living decisions. A conservatorship of the estate focuses on financial management, including income, bills, investments, and asset protection. Some cases involve both the person and the estate, while others require only one.
When financial disputes or fiduciary misconduct allegations arise in conservatorship cases, the matter can overlap with probate litigation. Additional information about our probate litigation practice is available here:
https://www.californiatrustattorney.com/probate-litigation
When Is a Conservatorship of the Person Needed?
A conservatorship of the person may be necessary when an adult is unable to care for basic personal needs or is at substantial risk due to cognitive impairment, disability, or serious illness. Situations often involve:
- Progressive dementia or Alzheimer's disease impacting safety and judgment
- Stroke, traumatic brain injury, or neurological illness affecting decision-making
- Severe physical impairment requiring structured care decisions
- Self-neglect, unsafe living conditions, or repeated medical crises
- Inability to understand or follow medical recommendations
- Vulnerability to exploitation that affects personal welfare or placement decisions
Courts evaluate whether less restrictive alternatives can protect the individual. In many cases, planning documents (powers of attorney, advance health care directives, trust-based planning) can reduce the likelihood that a conservatorship becomes necessary.
Powers and Responsibilities of a Conservator of the Person
A conservator of the person is a fiduciary with court-defined authority to make decisions in the conservatee's best interests. The scope of authority depends on the court's orders and may be limited by the conservatee's retained rights.
Probate Code section 2351 addresses general powers and duties of a conservator of the person:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2351.
Common areas of authority may include:
- Arranging for care, supervision, and support
- Decisions about residence and appropriate placement
- Coordinating medical care and treatment (when authorized)
- Ensuring access to services and a safe living environment
- Advocating for the conservatee with care facilities and providers
Residence and Placement Decisions
Conservatorship of the person frequently involves decisions about where the conservatee will live, including whether home care is feasible or whether a higher level of care is required. Probate Code section 2352 addresses conservatee residence and related court authority:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2352.
California law also requires attention to appropriate placement and level-of-care considerations in conservatorship administration. Probate Code section 2352.5 addresses determinations regarding the appropriate level of care:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2352.5.
Medical Decision-Making and Treatment Authority
A conservatorship of the person does not automatically grant unlimited medical authority. Courts often require medical evidence and specific findings before authorizing a conservator to consent to treatment for a conservatee who lacks capacity.
Probate Code section 2356 addresses court authority regarding medical treatment decisions in conservatorship cases:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2356.
In cases involving dementia-related placement in a secured perimeter residential facility, courts may require additional findings and orders. Probate Code section 2356.5 addresses secured perimeter placement in qualifying circumstances:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2356.5.
California also offers an Advance Health Care Directive Registry through the Secretary of State:
https://www.sos.ca.gov/registries/advance-health-care-directive-registry
The Court Process for Establishing a Conservatorship of the Person
Conservatorship proceedings generally include multiple required steps designed to protect the proposed conservatee's due process rights and ensure the court has sufficient evidence to determine necessity. The process often includes:
- Filing a petition requesting appointment of a conservator of the person
- Providing notice to relatives and required parties
- Obtaining and filing medical capacity evidence when required
- Court investigator involvement and interviews
- Appointment of counsel for the proposed conservatee (in many cases)
- A hearing before the probate judge
- Issuance of Letters of Conservatorship after appointment
Key statewide Judicial Council forms commonly used in conservatorship proceedings include:
Petition for Appointment of Probate Conservator (GC-310):
https://selfhelp.courts.ca.gov/jcc-form/GC-310
Confidential Supplemental Information (GC-312):
https://selfhelp.courts.ca.gov/jcc-form/GC-312
Confidential Conservator Screening Form (GC-314):
https://selfhelp.courts.ca.gov/jcc-form/GC-314
Capacity Declaration (GC-335):
https://selfhelp.courts.ca.gov/jcc-form/GC-335
Duties of Conservator and Acknowledgment of Receipt of Handbook (GC-348):
https://selfhelp.courts.ca.gov/jcc-form/GC-348
California Rules of Court addressing conservatorship procedures include Rule 7.1050 and related rules:
https://courts.ca.gov/cms/rules/index.cfm?title=seven&linkid=rule7_1050
For an overview of conservator duties and post-appointment responsibilities, the California Courts Guide for Conservators is available here:
https://selfhelp.courts.ca.gov/guide-conservators
Care Plans, Ongoing Court Supervision, and Reporting Duties
After appointment, conservators must comply with continuing obligations and court oversight. These duties may include filing a care plan, reporting changes in placement, maintaining documentation, and communicating appropriately with the conservatee, service providers, and the court.
Probate Code section 2351.2 addresses conservatorship care plan requirements:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2351.2.
Common care plan forms include:
Conservator's Care Plan (GC-355):
https://selfhelp.courts.ca.gov/jcc-form/GC-355
Confidential Supplemental Attachment to Conservator's Care Plan (GC-356):
https://selfhelp.courts.ca.gov/jcc-form/GC-356
Courts also require delivery of a rights notice in many matters. The Judicial Council form addressing conservatee rights is available here:
Notice of the Rights of the Conservatee (GC-342):
https://selfhelp.courts.ca.gov/jcc-form/GC-342
Temporary or Emergency Conservatorship
When an individual faces an immediate risk of harm, medical crisis, unsafe living conditions, or urgent care decisions that cannot wait for a general hearing timeline, a petitioner may seek a temporary conservatorship with expedited court review.
The Petition for Appointment of Temporary Conservator (GC-111) is available here:
https://selfhelp.courts.ca.gov/jcc-form/GC-111
Contested Conservatorships and Conservatorship Litigation
Conservatorship cases often become contested due to family conflict, questions about incapacity, allegations of undue influence, disputes about placement, or concerns about who should serve as conservator. Litigation may involve:
- Objections to appointment or to the scope of requested powers
- Disputes about residence, care plans, or facility placement
- Challenges to medical capacity evidence
- Petitions to remove or replace a conservator
- Allegations of abuse, neglect, or fiduciary misconduct
Alternatives to Conservatorship of the Person
Courts generally expect families to consider whether less restrictive options can protect an individual while preserving autonomy. Depending on the situation, alternatives may include:
- Advance health care directives
- HIPAA authorizations and medical releases
- In-home support agreements and care coordination
- Trust-based planning and structured incapacity documentation
Conservatorship of the Person Proceedings in Ventura and Los Angeles County Courts
Conservatorship matters are handled in the Probate Division of the California Superior Court. Court procedures and filing requirements may vary by county.
Ventura County Superior Court – Probate Division:
https://ventura.courts.ca.gov/divisions/probate
Los Angeles County Superior Court – Probate Division:
https://ventura.courts.ca.gov/divisions/probate
To locate the appropriate court based on jurisdiction, visit:
https://courts.ca.gov/find-my-court
Representative Matters
While every case is unique, Westlake Law Group frequently assists clients with:
- Petitions for conservatorship of the person
- Emergency filings for temporary conservatorship when immediate protection is needed
- Coordination with physicians and care providers for capacity evidence
- Placement disputes and care plan preparation
- Contested hearings involving objections and family disputes
- Modification of conservatorship powers and court orders
- Removal or defense of conservators in contested matters
Frequently Asked Questions
What does a conservator of the person do?
A conservator of the person is responsible for personal care decisions authorized by the court, which may include coordinating care, deciding residence, and consenting to medical treatment when specifically permitted.
Does a conservatorship of the person give control over finances?
Not necessarily. Financial authority is generally addressed through a conservatorship of the estate or other financial planning structures.
Can the proposed conservatee object?
Yes. The proposed conservatee has due process rights and may oppose the petition, request legal counsel, and present objections at the hearing.
How long does a conservatorship of the person last?
It remains in effect until modified or terminated by the court. Courts may review the case periodically, and interested parties can petition for changes if circumstances evolve.
What if there is immediate danger or urgent medical need?
A temporary conservatorship may be sought in appropriate circumstances to address urgent care or safety issues pending a full hearing.
Schedule a Confidential Consultation
A conservatorship of the person is a significant court proceeding with strict procedural requirements and ongoing court supervision. If you need assistance establishing, opposing, or modifying a conservatorship of the person in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, contact Westlake Law Group at (818) 444-2022 or submit a request through:
https://www.californiatrustattorney.com/contact-us
Our office is located at 30699 Russell Ranch Road, Suite 210, Westlake Village, CA 91362. Virtual consultations are available for clients throughout Southern California.