When you cannot wait: temporary conservatorships in California
A full conservatorship takes time: service, a court investigator's interview, and a hearing that is often weeks or months away. Some situations cannot wait that long. A temporary conservatorship lets the court appoint someone quickly to deal with an urgent problem while the full case moves forward.
Situations that often justify it
- A hospital is ready to discharge a parent who cannot safely go home, and someone needs authority to arrange placement.
- Money is actively being taken, through a scam, a caregiver, or a family member, and accounts need to be frozen or controlled.
- Medical treatment decisions must be made and no valid health care directive exists.
- Bills, rent or a mortgage are going unpaid and the person is at risk of losing their home.
What the court needs
A temporary conservatorship is requested at the same time as, or after, the petition for a general conservatorship. The petition must explain the specific emergency and why the temporary powers requested are necessary to prevent harm. Courts grant only the powers the emergency calls for.
The proposed conservatee is generally entitled to at least five court days' notice of the temporary hearing. The court can shorten or waive notice for good cause, but you need facts, not just urgency. A court investigator usually interviews the proposed conservatee before or shortly after the temporary appointment.
How long it lasts
Temporary letters typically last until the hearing on the general conservatorship, and the court can set an earlier end date. The temporary conservator must act only within the powers granted and keep careful records, because the court will review what they did.
Moving into a care facility
Moving someone out of their home under a temporary conservatorship is restricted. The court usually requires advance notice and specific findings before a temporary conservator can change the person's residence, except in true emergencies. Plan for this if placement is the reason you are filing.
Act early
The most common reason families end up in an emergency is waiting. If a parent is declining and has no power of attorney, a call now can prevent a crisis filing later.