Emergency Conservatorship California: How Temporary Conservatorship Works

Your parent just had a stroke and can't make decisions. They never signed a power of attorney. The hospital needs someone to authorize a transfer to a skilled nursing facility, and their bank account needs to keep paying the mortgage. You need legal authority now — not in 60 to 90 days.

California's answer is a temporary conservatorship under Probate Code Sections 2250–2257. It gives you limited decision-making authority within days instead of months, while the full conservatorship petition works its way through the court.

What a Temporary Conservatorship Is

A temporary conservatorship is an emergency court order that appoints someone to make urgent decisions for a person who can't make them for themselves. It's designed to bridge the gap between the emergency and the full conservatorship hearing.

The temporary conservator's powers are narrower than a permanent conservator's. The court typically limits authority to whatever is immediately necessary to protect the conservatee — preventing harm, maintaining housing, paying essential bills, authorizing urgent medical treatment.

A temporary conservatorship lasts 30 days initially. The court can extend it for additional 30-day periods until the full conservatorship hearing, but each extension requires a separate hearing.

Filing Requirements

You file the temporary conservatorship petition alongside your regular conservatorship petition. The key difference is timing — the court can hear the temporary petition within days, while the full petition follows the standard 60–90 day timeline.

Required forms:

• GC-310 — Petition for Appointment of Probate Conservator (the full petition, filed simultaneously)
• GC-111 — Petition for Appointment of Temporary Conservator (the emergency petition)
• A declaration of facts explaining why the situation is urgent and what harm will occur without immediate intervention
• Medical evidence documenting the proposed conservatee's incapacity — a physician's letter or the GC-335 Capacity Declaration if you can get one quickly

What you must demonstrate:

1. Immediate risk of harm. The court needs to see that your parent faces a specific, imminent threat — not a general concern about aging. Examples: they're about to be discharged from the hospital with no one authorized to arrange post-acute care, someone is actively draining their bank account, they're living in unsafe conditions with no ability to consent to help.

2. No less restrictive alternative. Even in an emergency, the court requires you to explain why a power of attorney or other option isn't available. If your parent still has moments of capacity, the court may question whether a POA could be executed instead.

3. A specific need for authority. You must identify the exact decisions that need to be made immediately — not "I need to manage everything," but "I need to authorize a transfer to a skilled nursing facility and access the checking account to continue mortgage payments."

Timeline

The court can hear a temporary conservatorship petition on shortened notice — sometimes as quickly as one to five business days after filing. Some courts allow ex parte (without the other party present) hearings for true emergencies, but most require at least some notice to the proposed conservatee.

Your parent must be served with the petition before the hearing, though the notice period is shorter than for a full conservatorship. The court may appoint an attorney to represent your parent at the temporary hearing.

Limitations of Temporary Authority

A temporary conservator cannot:

• Place the conservatee in a locked psychiatric facility (that requires an LPS conservatorship)
• Sell real property
• Make permanent changes to the conservatee's estate or financial arrangements
• Consent to experimental medical treatment
• Move the conservatee out of state

The temporary order will specify exactly which powers are granted. If you need authority beyond what the initial order provides, you must petition the court for additional powers — which may require another hearing.

Cost Reality

Even the emergency pathway has costs. Expect:

• Court filing fees (varies by county, typically $450–$500)
• Attorney fees for preparing and filing the emergency petition (most elder law attorneys charge $2,000–$4,000 for the temporary conservatorship filing alone)
• Process server fees for serving the conservatee
• Potential bond costs if you're requesting authority over the estate

These costs are in addition to the full conservatorship fees that follow.

The Prevention Plan

The temporary conservatorship exists because someone didn't sign a power of attorney while they still could. A durable financial POA and advance health care directive take about an hour to execute and cost nothing if you use California's statutory forms. They give you the same authority — and more — without court involvement.

If your parent still has capacity, even partial capacity, getting these documents signed now prevents the emergency conservatorship scenario entirely. The California Power of Attorney & Guardianship Kit covers both paths — the POA process for families who still have time, and the conservatorship pathway for those who don't.

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