Conservatorship FAQ

A general conservatorship is usually initiated for an adult who is declining in their ability to make either personal or financial decisions for themselves, like an elderly parent or an adult who suffers a head injury. A limited conservatorship is for an adult who has a disability that began prior to turning eighteen and is designed to promote as much self-sufficiency as possible.

The front counter staff is unable to give legal advice. Legal Aid Society has a conservatorship clinic where an attorney can assist by explaining the process. Please contact the Legal Aid Society of San Diego  for location and times of the conservatorship clinic. The Judicial Council also has a self-help center.

The probate code requires that a court investigator conduct a field investigation as various petitions are filed with the court and review the conservatorship at intervals set by the court. Prob. Code §1851.5 sets forth that an assessment fee is due for each report prepared by the court investigator.

Prob. Code §1060-1061 and Prob. Code §2620 set forth the requirements for filing an accounting. The Judicial Council has mandatory forms to prepare a conservatorship accounting.

Not without a court order.

If your relative is in need of a conservator, the Public Guardian, a county agency, can petition to serve. You may also contact a professional conservator to petition the court.

An LPS conservatorship is for a person who is a danger to themself or others. LPS conservatorships are not heard in the Probate department in San Diego. LPS conservatorships are heard in the Mental Health Department of San Diego Superior Court.