When A Court Appoints A Guardian
Prob. Code 1800.3 — a conservatorship only on a finding that it is the least restrictive alternative
In California the court appointment for an adult is called a conservatorship, of the person, of the estate, or both.
The least restrictive alternative. A conservatorship is not granted unless the court expressly finds that it is the least restrictive alternative needed to protect the conservatee. In deciding, the court considers the person's abilities with current and possible supports, including supported decisionmaking agreements and powers of attorney.
Developmental disability. If the proposed conservatee has a developmental disability, the court treats the proceeding as seeking a limited conservatorship unless certain dementia powers are sought.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed California attorney.
Sources for this section (2)
- Prob. Code 1800.3 — Conservatorship; least restrictive alternative
- Prob. Code 1801 — Persons for whom a conservator may be appointed
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.