A conservatorship is a court case in which a judge appoints a family member, friend or other responsible person (called a conservator) to care for another adult who cannot care for him or herself (called a conservatee). Once you are appointed conservator, you are legally responsible to provide care for the conservatee’s daily needs.
There are three types of conservatorship actions:
General Probate Conservatorship is for adults who are unable to provide for their personal needs due to physical injury, dementia or other reasons rendering them incapable of caring for themselves or making them subject to undue influence.
Limited Conservatorship is only for a person who is developmentally disabled. In this type of conservatorship the powers of the conservator are limited so that the disabled person may live as independently as possible.
LPS (Lanternman-Petris-Short) Conservatorship (W&I 5350-5371) is for a gravely disabled person who may be a danger to themselves or others and requires hospitalization in a psychiatric facility. An LPS conservatorship requires the annual reappointment of the conservator. A person under an LPS conservatorship may be placed in a locked facility. There are many extra protections in LPS conservatorships to insure that the conservatee's civil rights are not being violated.
What forms do I need to begin a probate conservatorship?
- Petition for Appointment of Probate Conservator GC-310
- Attachment Re: Special Orders Regarding Dementia GC-313
- Capacity Declaration GC-335; 335(a) – must be completed prior to court date
- Confidential Supplemental Information GC-312
- Confidential Conservator Screening Form GC-314
- Declaration Re: Conservatorship Trust Accounts RI-P27
- Probate Investigators Referral Report RI-PR016
- Record Check Request RI-P26
- Order Appointing Court Investigator (caption only) GC- 330
- Duties of Conservator GC-348
- Citation for Conservatorship and Proof of Service GC-320
- Order Appointing Probate Conservator GC-340
- Letters of Conservatorship GC-350
- Notice of Hearing GC-020
Each proposed conservator must attend the Mandatory Conservator Orientation Class. There is no cost to attend the class. To register for the class in Riverside or Temecula, please call 951-777-3067. To register for Indio, please call 760-393-2426. If you reside outside of Riverside County, you may attend an equivalent program at a Superior Court in another county in California where available. You must file written proof of attending the class at least four court days prior to the hearing.
Where Can I Get Help on Conservatorship Matters?
You may be eligible for free legal assistance through Riverside Legal Aid's (formerly Public Service Law Corporation) Conservatorship Assistance Program. To schedule an appointment in Riverside call 951.682.7968 or in Indio call 760.347.9456 or contact online at www.riversidelegalaid.org
- Conservatorship Brochure (pdf)
- Temporary Conservatorship Chart (pdf)
- General Conservatorship Chart (pdf)
- Information on Duties of a Conservatorship
- Handbook for Conservators (pdf) - Note: The handbook is available for purchase in the court clerk's office for $20.
- Simplified Accounting Forms
- Standard Accounting Forms
- List of Private Professional Conservators/Guardians
What are Probate Notes and why they are important to your case?
How to Contact a Probate Examiner Regarding Probate Notes
After reviewing the probate notes on the website, you may contact the probate examiner by calling the clerk's office at 951.777.3147 and request to speak with an examiner. You can also email a probate examiner. (Email is checked daily and you should receive a response within 24 hours.)
However, keep in mind the examiner my only speak with you regarding procedure. Examiners may not give legal advice or advise you how to handle your matter.
If you are filing a petition for sterilization under Probate Code § 1950 regarding an individual with a developmental disability, you may obtain a list of physicians as identified under Probate Code § 1955 by contacting the Inland Regional Center as follows:
Inland Regional Center
Attn: Fair Hearings & Legal Affairs
P.O. Box 19037
San Bernardino, CA 92423