A plain-English look at probate conservatorship in San Diego Superior Court, the less drastic alternatives, and what the process actually costs families.
By Marcus Reyes, LSW · August 08, 2026
A conservatorship is a court order that gives one person legal authority to make decisions for another adult who can no longer make them safely. In California there are two very different kinds, and families often confuse them. A probate conservatorship is the one that applies to most older adults with dementia, stroke effects, or serious cognitive decline. An LPS conservatorship is a separate process reserved for people who are gravely disabled by a mental health disorder, and it can only be initiated by the county's behavioral health system — a family cannot file for one directly.
A probate conservatorship can cover the person, the estate, or both. Conservatorship of the person covers where your parent lives, their medical care, and their daily needs. Conservatorship of the estate covers money — bank accounts, bills, property, benefits. A judge can grant one without the other. Many San Diego families find they only need conservatorship of the estate because a durable power of attorney for health care is already in place and working.
Conservatorship is meant to be a last resort, and the court expects you to show that less restrictive options were considered. If your parent still has the capacity to understand and sign documents, an advance health care directive and a durable power of attorney for finances accomplish most of what a conservatorship does, at a fraction of the cost and without stripping anyone of their legal rights. A revocable living trust handles property. The window to sign these closes as cognition declines, so a diagnosis of early-stage dementia is a reason to act this week, not next year.
Even after capacity is gone, some problems have narrower fixes. Social Security will appoint a representative payee to receive and manage benefits without any court involvement. Most banks and pension administrators have their own incapacity procedures. If the real issue is that a parent is unsafe at home rather than mismanaging money, a care plan — in-home support, adult day health care, or a licensed residential setting — may solve it without a judge. Aging & Independence Services can help you sort out which problem you actually have; the county's information line is 800-339-4661.
Probate conservatorship petitions are filed with the probate division of San Diego Superior Court. The petition explains why the proposed conservatee cannot manage their own care or finances and why no alternative will work. If you are asking for authority over dementia care — placing a parent in a secured memory care setting, or consenting to certain medications — California Probate Code section 2356.5 requires additional findings, and the court will need a capacity declaration completed by a physician.
Your parent must be personally served and legally notified, and so must close relatives, which is where family disagreements tend to surface. A court investigator then interviews the proposed conservatee privately, explains their rights, asks whether they object, and reports back to the judge. The proposed conservatee has the right to attend the hearing, to object, and to be represented — the court can appoint an attorney for them. This is not a formality. Judges do deny petitions, and a well-founded objection from your parent will slow things considerably.
If someone is in immediate danger — being financially exploited, or about to be discharged from a hospital with no safe destination — you can ask for a temporary conservatorship, which is heard on a much shorter timeline while the general petition is pending.
Plan on roughly two to three months from filing to hearing in an uncontested case, longer if a relative objects. Court filing fees apply and a fee waiver is available if the household qualifies; the forms are on the California courts' self-help site and at sdcourt.ca.gov. Most families use an attorney, and fees vary widely — ask for a written estimate up front. The court can authorize reasonable attorney and conservator fees to be paid from the conservatee's estate, but only with court approval, not automatically.
The obligation does not end at the hearing. The court investigator returns roughly six months after appointment and then periodically — at least every other year — to check on the conservatee. A conservator of the estate must file an inventory and appraisal and then periodic accountings the court reviews. This is real bookkeeping. Families who take it on casually get into trouble.
One thing conservatorship does not do is guarantee a placement or pay for care. If your goal is to get a parent into assisted living or memory care, you still need to find a licensed community, verify it on the state's licensing site at ccld.dss.ca.gov, and arrange payment through private funds, a Medi-Cal waiver, or VA benefits. San Diego's VA system, anchored at VA San Diego Healthcare System in La Jolla, has its own eligibility process that runs independently of the probate court.
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