What procedures are needed to obtain conservatorship for my mother?

Full question:

My mother, who is 93, suffers from dementia. Currently, my brother, who lives in another country, has Power of Attorney and handles our mother's bills from her limited income. The actual care giving falls largely to me because I live very close to my mother's residence and am in daily contact with her. What procedures are necessary for me to acquire conservatorship (or guardianship) for my mother's daily care? Is being a conservator normally an appointment by a court? Can this be done through legal forms filed with a court? What does obtaining conservatorship usually cost?

• Category: Conservatorship
• Date: 04/07/2025
• State: California

Answer:

To start the conservatorship process, you must file a petition with the probate court requesting to be appointed as conservator. This process includes notifying your mother, who will be represented by court-appointed counsel. A medical professional may evaluate her mental capacity to determine if conservatorship is necessary. If she objects, she has the right to a jury trial before any conservatorship is established.

If the court finds that conservatorship is needed, it will issue an order appointing you as the conservator. You will then receive Letters of Conservatorship, granting you the legal authority to manage her affairs.

The entire appointment process typically takes over a month, but it can be expedited in emergencies if you show good cause. For specific procedures and fees, contact your local clerk of courts, as these can vary. It’s advisable to consult a local attorney for assistance with your case and to ensure all documents are properly handled.