How to Pursue a Conservatorship or Guardianship Through the Courts: A Quick Guide for Bay Area Families

If you’re like many adult children in the Bay Area, you may be finding yourself in a tough spot. A parent or loved one is no longer able to make safe decisions about their health or finances—and now, someone needs to step in. But how? One common route is to pursue a legal guardianship or conservatorship through the courts. It’s not simple, and it can be emotionally taxing, but in many cases, it’s the clearest path to protecting someone you care about.

What’s the Difference Between Guardianship and Conservatorship?

First, let’s clear up the terminology. In many states, including California, we distinguish between guardianship and conservatorship:

• A guardian typically makes decisions about a person’s health and daily living—where they live, what medical care they receive, and so on.

• A conservator handles financial matters—paying bills, managing accounts, and protecting assets.

Sometimes, one person fills both roles. In other cases, you might have one person handling health decisions and another overseeing finances. Other states might use different terminology, so if you’re outside California, it’s a good idea to double-check how your local courts define these roles.

When Is It Time to Step In?

I’ve worked with many families who delayed acting, hoping their loved one would bounce back or improve. But when someone is clearly unable to make safe decisions—because of dementia, a stroke, mental illness, or a disability—waiting too long can make things harder. If there’s no power of attorney or health directive in place, the only way to legally step in might be through a court petition.

So How Do You Actually Do It?

The process isn’t fast or easy, but knowing the steps helps a lot. First, I always advise people to figure out exactly what authority they need. Is it just medical decisions, financial matters, or both? That determines what you’ll be asking the court to grant.

Then comes paperwork—and quite a bit of it. You’ll need to file a petition with your county’s probate or family court. I usually recommend working with an attorney, especially for complicated family dynamics or when you’re unsure what forms to use. That said, some people do file on their own. Just be ready for a learning curve.

One of the key parts of your petition will be medical documentation. Most courts require at least one letter from a licensed doctor, sometimes two. These should come from professionals who can speak to your loved one’s cognitive or functional limitations—geriatricians, neurologists, or psychiatrists are common choices.

Once you’ve filed the petition, the court sends notice to your loved one (called the conservatee or ward) and close family members. There’s often an investigation as well—somebody from the court might interview you, your loved one, and others involved. They’ll submit a report to the judge, who then holds a hearing to decide whether to approve your petition.

If everything checks out, and the judge agrees that you’re the right person to step in, the court will issue what’s called “letters of conservatorship” or “letters of guardianship.” These are the documents that give you legal authority to act.

For Best Results

How Long Does All This Take?

On average, expect one to three months from start to finish. It could be faster in a smaller county—or much slower if the court’s backlog is long, which often happens in the Bay Area. If there are objections from family members or other complications, it can stretch out for several months.

What Does It Cost?

You’ll want to budget for several items:

• Court filing fees, which typically run between $200 and $500.

• Medical evaluations, which might cost $100 to $1,000 depending on how many doctors you need.

• Attorney fees, which can vary widely, but in my experience, usually fall somewhere between $2,000 and $5,000—or more for contested cases.

Some families may qualify for fee waivers if finances are tight.

Qualifying for a Fee Waiver

If you’re filing for guardianship or conservatorship and money is tight, you may be able to get a fee waiver from the court. This waiver can cover filing fees, court investigator fees, and other basic costs related to your case—though it won’t usually cover attorney fees unless you’re working with a legal aid organization. To qualify, you’ll need to show that you either receive public benefits like Medi-Cal or SSI, or that your income is low enough that paying the fees would interfere with basic living expenses.

In California, you can apply using forms FW-001 and FW-003, which you submit along with your conservatorship petition at your local Superior Court. If the court agrees you meet the financial hardship criteria, they’ll waive the fees. If you need help, your county’s courthouse usually has a self-help center, or you can reach out to a legal aid group like Bay Area Legal Aid or search for help at LawHelpCA.org.

Can You Do It Without a Lawyer?

Technically, yes. But in practice, most people benefit from legal help. The forms are complicated, and a lawyer can help avoid costly mistakes. If you’re looking for one, try checking the National Academy of Elder Law Attorneys (naela.org) or your local bar association. You can also search legal directories like Avvo or Martindale-Hubbell for reviews and experience.

What If It’s an Emergency?

Sometimes you just can’t wait. Maybe your parent is wandering outside at night, refusing care, or giving away money. In situations like that, you can ask for an emergency or temporary conservatorship. These are fast-tracked, and in urgent cases, courts can grant temporary authority in as little as a day or two.

You’ll still need to file a full petition, but the temporary order gives you authority while the court processes the rest. Most of these orders last 30 to 90 days. In rare cases, you may even be able to reach a judge on nights or weekends.

Are There Alternatives?

Yes—and it’s always worth looking into them before going to court. If your loved one is still mentally competent, they might be able to sign a power of attorney or advance directive. These documents give someone else legal authority without court involvement. A living trust can do the same for managing assets. And if the only income they have is Social Security, you might be able to act as a representative payee instead of going through a conservatorship.

But once capacity is lost, those options are usually off the table. That’s when the court route becomes necessary.

Final Thoughts

Helping a loved one through this stage of life is never easy. I’ve seen firsthand how stressful and emotional it can be to start the process of guardianship or conservatorship. But I’ve also seen how much peace of mind it can bring—knowing that someone is legally and ethically able to protect their best interests.

If you’re facing this situation, you’re not alone. Start gathering information, talk to a professional if you can, and take the first step. Whether you’re just exploring your options or need emergency help now, knowing what lies ahead can make all the difference.

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