Answer FileElder Law

How long does it take to get a conservatorship in California?

The answer, cited

Generally one to three months from petition to appointment, driven by the county probate court's calendar. In genuine emergencies, Probate Code section 2250 allows a temporary conservatorship on shortened notice while the general petition is pending, sometimes within days when assets or safety are at immediate risk.

A general probate conservatorship under Probate Code section 1800 et seq. is deliberately slow, because it removes an adult's legal rights. After the petition is filed, the proposed conservatee must be personally served, relatives notified, a court investigator interviews the proposed conservatee under Probate Code section 1826, and in many counties a capacity declaration from a physician is filed; the hearing typically lands one to three months out depending on the county's calendar. The court must find that no less restrictive alternative works before appointing, per Probate Code section 1800.3, scrutiny that AB 1194 (2021) tightened. When waiting is dangerous, Probate Code section 2250 authorizes a temporary conservatorship on shortened notice to protect the person or stop assets from moving while the general petition is decided; courts grant these in days when the emergency is documented. Bond, a care plan, and ongoing accountings follow appointment, so the filing is the beginning of court supervision, not the end.

Authority: Cal. Prob. Code § 2250

Source: Cal. Prob. Code § 2250 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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