Conservatorship & IHSS

For many IHSS recipients and their families, the question of legal authority over financial and personal decisions eventually comes up — especially as a condition progresses or cognitive decline becomes more significant. Conservatorship is California's court-supervised answer to that question. This guide explains what it is, when it applies, and what families navigating the IHSS system specifically need to understand about it.

What Is Conservatorship?

A conservatorship is a court-ordered legal arrangement in which a judge appoints a responsible adult — the conservator — to make decisions for another adult who can no longer manage their own affairs — the conservatee. In California, conservatorship is reserved strictly for adults (18 and older). Legal arrangements for minors are handled through guardianship, which is a separate process.

The critical word is "court-ordered." Unlike a power of attorney, which is a private document signed voluntarily, a conservatorship requires a formal petition, a court investigation, a hearing before a judge, and ongoing court oversight for as long as the arrangement remains in place. The court — not the family — ultimately controls what authority the conservator has and how it is used.

California's conservatorship laws are primarily found in the California Probate Code, Sections 1800 through 1898, with a separate legal framework — the Lanterman-Petris-Short (LPS) Act — governing mental health conservatorships.

The Two Main Types: Probate and LPS

California recognizes two distinct conservatorship frameworks. Understanding which applies to your situation is the first step in the process.

Probate Conservatorship

This is the most common type and the one most relevant to IHSS families. A probate conservatorship is established through the California Superior Court's probate division and can be initiated by a family member, friend, public official, nonprofit agency, or professional conservator. It applies to adults who can no longer manage their personal care, finances, or both — due to advanced age, dementia, Alzheimer's disease, brain injury, physical disability, or other conditions.

Within probate conservatorship, there are three subtypes:

• General conservatorship — the broadest type, granting the conservator authority over the conservatee's personal care (housing, food, clothing, medical decisions) and/or financial affairs (paying bills, managing assets, filing taxes). Appropriate when a person cannot make decisions across most or all areas of their life.
• Limited conservatorship — designed specifically for adults with developmental disabilities (including autism, cerebral palsy, intellectual disabilities, and epilepsy originating before age 18). Rather than granting full control, the court limits the conservator's authority to only the areas where the conservatee needs help, preserving as much independence as possible. Under Probate Code Section 1801(d), the court must find that limited conservatorship is the least restrictive appropriate option.
• Temporary conservatorship — an emergency measure that can be granted within a few days when a person faces immediate risk to their health, safety, or finances. Temporary conservatorship expires once the court rules on the permanent petition and typically lasts no more than 30 days.

A probate conservatorship can cover the person, the estate, or both. A conservator of the person makes decisions about daily care, housing, and medical treatment. A conservator of the estate manages financial matters — paying bills, managing investments, protecting assets. Many conservatorships include both.

LPS Conservatorship

The Lanterman-Petris-Short conservatorship is a separate legal framework established in 1969 under California's Welfare and Institutions Code (Sections 5000–5550). It applies specifically to adults who are "gravely disabled" due to a serious mental health disorder — meaning they cannot provide for their own basic needs of food, clothing, or shelter as a result of their psychiatric condition.

LPS conservatorship differs from probate conservatorship in several important ways. Only the county's Public Guardian or a designated mental health agency can petition for an LPS conservatorship — a private citizen cannot initiate the process independently. LPS conservatorships are initially granted for one year and must be renewed annually. They also permit placement in a locked psychiatric facility, which a probate conservatorship does not allow.

For most IHSS families, probate conservatorship is the relevant framework. LPS conservatorship is relevant primarily when a loved one has a severe psychiatric disorder and is refusing necessary treatment.

When Is Conservatorship Necessary?

California courts treat conservatorship as a last resort, not a default. Before granting a conservatorship, the court requires evidence that less restrictive alternatives — such as a power of attorney, advance health care directive, or supported decision-making arrangement — are unavailable or insufficient. The petitioner must explain why each alternative cannot adequately protect the proposed conservatee.

Conservatorship typically becomes necessary in situations such as:

• A person develops dementia or another condition causing significant cognitive decline and never executed a durable power of attorney while they had capacity
• A family member is unable to agree on an informal caregiver arrangement and formal legal authority is needed to resolve disputes
• A person is being financially exploited or abused and formal court oversight is needed to protect their assets
• An adult with developmental disabilities turns 18 and parents need continued legal authority to assist with decisions they could previously make as guardians
• A person is incapacitated and major financial or medical decisions — such as selling a home or consenting to surgery — require a legally recognized decision-maker

Alternatives to Conservatorship

Because conservatorship is expensive, time-consuming, and significantly restricts the conservatee's rights, California courts expect families to consider alternatives first. The most common alternatives are:

• Durable Power of Attorney (DPOA) — a private legal document in which a person designates an agent to manage their financial or legal affairs. Must be executed while the person still has legal capacity. A DPOA does not require court involvement and remains in effect during incapacity if properly drafted.
• Advance Health Care Directive — allows a person to designate someone to make medical decisions on their behalf and to specify treatment preferences in advance. Also requires capacity at the time of execution.
• Revocable Living Trust — allows a successor trustee to manage assets if the original trustee becomes incapacitated, potentially eliminating the need for a conservatorship of the estate.
• Supported Decision-Making — a newer approach, particularly relevant for adults with developmental disabilities, in which a person retains their own decision-making authority but gets structured support from trusted people. Does not require court involvement.

The key limitation: all of these alternatives require the person to still have legal capacity when setting them up. If a loved one has already lost the capacity to execute legal documents, conservatorship may be the only available path.

The Conservatorship Process — Step by Step

Obtaining a probate conservatorship in California typically takes 60 to 90 days from filing to the initial hearing, though timelines vary by county, court backlog, and case complexity. Here is the general sequence:

• Step 1: Evaluate and prepare. Determine whether you need a conservatorship of the person, the estate, or both. Gather medical documentation supporting the proposed conservatee's incapacity, including a Capacity Declaration (Judicial Council Form GC-335) completed by a physician or licensed psychologist. Review whether any less restrictive alternatives are available and document why they are insufficient.
• Step 2: File the petition. File a Petition for Appointment of Probate Conservator (Form GC-310) with the Superior Court in the California county where the proposed conservatee lives. Filing fees begin at approximately $435, though fee waivers are available if the conservatee cannot afford the costs.
• Step 3: Serve notice. California law requires that notice of the conservatorship hearing be given to the proposed conservatee, their spouse or domestic partner, close relatives, and any other interested parties. This must be done within specific timeframes before the hearing.
• Step 4: Court investigator interview. The court assigns a probate investigator to interview the proposed conservatee, review the petition, and assess whether the conservatorship is warranted. The investigator files a confidential report with recommendations to the judge. Investigation fees typically range from $750 to $1,500.
• Step 5: Court hearing. A judge reviews the petition, investigator's report, medical documentation, and any objections. The proposed conservatee has the right to attend, be represented by an attorney, oppose the conservatorship, and request a jury trial. If the judge approves the petition, Letters of Conservatorship (Form GC-350) are issued — the document that proves the conservator's legal authority.
• Step 6: Ongoing obligations. After appointment, the conservator must comply with ongoing court requirements: filing annual accountings of the conservatee's finances, seeking court approval for major decisions, and submitting to periodic investigator reviews (annually for the first year, then every two years). The conservatorship remains in place until the court terminates it — either because the conservatee regains capacity, the conservatee passes away, or a petition for termination is approved.

What It Costs

Conservatorship is significantly more expensive than executing a power of attorney or advance directive. Typical costs for an uncontested California probate conservatorship include:

• Court filing fees: approximately $435 to $465 (varies by county)
• Court investigator fees: typically $750 to $1,500
• Attorney fees: $3,000 to $8,000 or more for uncontested cases; $15,000 to $50,000 or more for contested cases
• Bond premium: if the court requires a surety bond, the annual premium is typically 1–2% of the bond amount
• Ongoing costs: annual accountings, attorney fees for court filings, and fees for periodic investigator reviews

In many cases, these costs are paid from the conservatee's own estate. Fee waivers are available for court filing and investigation fees if the conservatee qualifies financially — the court considers the conservatee's income and ability to pay, not the petitioner's.

The Conservatee's Rights

Conservatorship significantly restricts the rights of the person placed under it. Depending on the scope of the conservatorship, the conservatee may lose the ability to enter contracts, manage their own finances, choose where they live, or make their own medical decisions. Because these are substantial restrictions, California law provides meaningful protections:

• The proposed conservatee must be notified of the proceedings and has the right to attend the hearing
• The conservatee has the right to an attorney — if they cannot afford one, the court will appoint one
• The conservatee can oppose the conservatorship and request a jury trial
• The conservatee can petition the court to change conservators or terminate the conservatorship if circumstances change
• The conservatee retains rights the conservatorship does not specifically remove — for example, the right to vote, unless specifically restricted by the court

Under a probate conservatorship, the conservator cannot place the conservatee in a locked mental institution against their will. That authority exists only under an LPS conservatorship, which has its own civil rights protections because of the ability to restrict liberty.

How Conservatorship Interacts with IHSS

For families already navigating IHSS, a few practical points about how conservatorship and IHSS interact:

• A conservator of the person typically has authority to act as the IHSS recipient's representative in county dealings — attending assessments, signing documents, and making decisions about providers
• If the IHSS recipient is under a conservatorship, the conservator should inform the county social worker of the conservatorship at the time of the assessment or any reassessment
• A conservator of the estate may need to be involved in managing IHSS-related finances, including any retroactive payments or provider payroll decisions in a self-directed IHSS arrangement
• If an IHSS recipient's condition has progressed significantly since their last assessment, the same documentation gathered for a conservatorship petition — physician letters, incident logs, functional limitation descriptions — may also strengthen an IHSS reassessment or appeal

If an IHSS recipient's hours have been reduced or denied while a conservatorship is being established, the 90-day appeal deadline still applies. See our guide on How to Appeal Denied or Reduced IHSS Hours and Aid Paid Pending for how to protect benefits while a legal proceeding is underway.

Where to Get Help

California's probate courts have self-help resources for families considering conservatorship. The California Courts Self-Help Guide at selfhelp.courts.ca.gov includes step-by-step instructions, required forms, and guidance on fee waivers. The California Handbook for Conservators — published by the Judicial Council — is available on the California Courts website and explains the conservator's ongoing responsibilities in plain language.

For legal assistance, Disability Rights California (1-800-776-5746) provides free legal help to people with disabilities who are facing conservatorship or need help understanding their rights as a conservatee. The State Bar of California's Lawyer Referral Service can connect families with probate attorneys for an initial consultation.

Educational information, not legal advice. Only your county can authorize IHSS services, and only after an assessment. IHSSHours.com is an independent resource and is not affiliated with CDSS or any county IHSS office. · More IHSS guides