How to File for a Conservatorship for an Elderly Parent in California
- 1). Review the duties of conservators under California law: The California Courts and California Courts Self-Help Center websites include legal information to educate the public about probate conservatorships. Decide whether your parent needs a conservatorship of the person, a conservatorship of the estate -- or both.
- 2). Visit the California Courts Self-Help Center to find probate court forms issued by the California Judicial Council. Obtain a copy of Form GC-310, "Petition for Appointment of Probate Conservator." Print out a copy of the form to complete by hand, or use the PDF version to fill out the form on your computer.
- 3). Complete Form GC-310 as instructed on the form. Provide the requested information about the proposed conservatee --- your parent --- and about the proposed conservator --- yourself, if you would like to become your parent's conservator. Check the boxes on the form to specify the types of conservatorships, duties and arrangements applicable to your family's situation. Review your form and the legal options with a California attorney, if you are not sure about which legal terms apply to your situation. Where specified, list your parent's relatives including spouse, children, parents, grandparents and siblings.
- 4). File your proofread, completed petition with the California probate court. Pay the filing fee and investigator's fee specified. Note the court date assigned to your case by the court clerk.
- 5). Serve copies of your paperwork to your parent and all of your parent's family members listed on the form. Include a written notice of the court date assigned for the probate court's hearing for your petition.
- 6). Cooperate with the court investigator's review of your petition. The court-appointed investigator may speak with your parent and people who have knowledge of your parent's condition and question them about their ability to make decisions independently. Attend the scheduled court hearing, after the court investigator has completed the investigation; Ensure that your parent also attends, unless the court agrees that illness or impairment prevent your parent from participating.
- 7). Follow up with the California probate court to make sure that the court files an order to appoint you as your parent's conservator and issues Letters of Conservatorship. Comply with other instructions provided to you by the probate court, after the court grants your petition.
