How Do You Declare Someone Incapacitated in California? A Step-by-Step Guide

In California, declaring someone incapacitated (legally “conservatee”) requires filing a petition for conservatorship in probate court, presenting medical evidence of their inability to manage health, safety, or finances, and securing court approval. The process is governed by the California Probate Code (Sections 1800–1898) and prioritizes the individual’s rights and autonomy.

Did you know 1 in 10 Californians over age 65 has Alzheimer’s dementia? With over 690,000 seniors affected statewide (Alzheimer’s Association, 2023), understanding how to legally protect loved ones who can no longer care for themselves is critical—and often misunderstood.

This guide breaks down California’s strict legal process for declaring incapacity, empowering families to act with compassion and compliance.

What Does Incapacity Mean in California?

Incapacity (or “lack of capacity”) is legally defined as the inability to:

• Make informed decisions about health, safety, or finances.
• Understand the consequences of one’s choices.
• Manage activities of daily living (e.g., medication, housing).

California law (Probate Code § 1801) emphasizes that incapacity isn’t permanent; courts prefer “least restrictive alternatives” to conservatorship, such as powers of attorney or supported decision-making agreements.

Step 1: Determine If Conservatorship Is Necessary

Before filing, explore alternatives:

• Power of Attorney (POA): Valid only if signed before incapacity. Learn more about How to Get Power of Attorney for Someone Who Is Incapacitated?.
• Advance Healthcare Directive: Covers medical decisions.
• Supported Decision-Making: A 2022 California law (AB 1663) allows adults to retain autonomy with trusted advisors.

Statistic: Only 34% of Californians have estate planning documents (CA Advocates for Nursing Home Reform), leaving many families negotiating conservatorship as a last resort.

Step 2: File a Petition for Conservatorship

Where to File: The probate court in the county where the individual resides (e.g., Los Angeles Superior Court, San Francisco Probate Court).

Forms Needed:

• Petition for Conservatorship (Form GC-310).
• Capacity Declaration (Form GC-335) completed by a licensed physician or psychologist.

Notice Requirements: Serve the proposed conservatee and close relatives at least 15 days before the hearing (Probate Code § 1822).

Pro Tip: Courts often appoint a court investigator to interview the individual and verify their condition.

Related article for you:
Who Can Declare Someone Incompetent? Legal Process, Guardianship & State Laws

Step 3: Medical Evaluation & Court Hearing

Medical Evidence:

A doctor must confirm the person’s incapacity under Probate Code § 811, assessing their ability to:

• Understand risks.
• Communicate decisions.
• Manage personal needs.

Court Hearing:

The judge will:

• Review evidence.
• Interview the proposed conservatee (if possible).
• Decide if a conservatorship is warranted and who should serve as conservator.

Key Point: California requires “clear and convincing evidence” for incapacity rulings—a higher legal standard than most states.

Rights of the Proposed Conservatee

California prioritizes dignity:

• Right to an attorney (Probate Code § 1470).
• Right to contest the petition.
• Right to request a limited conservatorship (for developmental disabilities).

Local Considerations: California’s Unique Laws

• LPS Conservatorships: For severe mental health conditions (e.g., schizophrenia), governed by the Lanterman-Petris-Short Act.
• Temporary Conservatorships: Granted in emergencies (up to 30 days) if someone faces imminent harm.
• Public Guardian Involvement: Counties like Orange and San Diego may appoint a public conservator if no family is available.

Post-Declaring Incapacity: Responsibilities of a Conservator

Conservators must:

• File annual reports with the court.
• Seek court approval for major decisions (e.g., selling property).
• Act in the conservatee’s best interest—or risk removal.

Additional Insight: Why Declaring Incapacity Matters

Picture your loved one signing over their life savings to a scammer because they didn’t realize what they were doing. Without a legal declaration of incapacity and a conservator in place, you might be powerless to stop it.

The stakes? Sky-high. The California Attorney General’s Office reports that 1 in 20 older adults faces financial abuse. Declaring incapacity lets you:

• Pay their bills when they forget.
• Approve medical treatments they can’t understand.
• Shield them from exploitation.

It’s not just about control—it’s about care.

Special Situations: When Time or Danger Is a Factor

Not every case fits the standard mold:

• Temporary Conservatorship: Need to act fast—like if they’re draining their savings? File for this, and you could get approval in 5 days.
• LPS Conservatorship: Under the Lanterman-Petris-Short Act, this is for severe mental illness cases where they’re a risk to themselves or others. Think psychiatric emergencies.

Local California Flavor: Resources and Realities

Wherever you are in the Golden State, help’s nearby:

• Los Angeles: The LA Superior Court’s self-help clinic walks you through forms and filings.
• San Diego: Check out Legal Aid Society of San Diego for free advice.
• Rural Counties: In places like Kern or Shasta, groups like California Rural Legal Assistance step up for low-income folks.

Local courts and nonprofits can lighten the load—use them.

Who Should Be the Conservator?

If you’re stepping up, the court will size you up. Are you:

• Reliable: Can they trust you with this power?
• Detail-Oriented: Managing someone’s life isn’t sloppy work.
• Nearby: Living close—like in the same Bay Area county—helps.

Family fights? The judge might pick a professional conservator. It’s pricier but neutral.

Bottom Line, Act Before It’s Too Late

Declaring someone incapacitated in California is no walk in the park—it’s a legal lifeline. Whether it’s your aging grandma in Fresno or a sibling in Santa Barbara with a sudden illness, this process hands you the tools to protect them.

Better yet, nudge your loved ones to sign a durable power of attorney or advance healthcare directive while they’re still sharp. Too late for that? Start the conservatorship ball rolling now—delays only raise the risks.

Resources to Kickstart Your Journey

• California Courts Self-Help Center: Forms, guides, and FAQs galore.
• California Advocates for Nursing Home Reform (CANHR): Elder law experts with conservatorship know-how.
• Bet Tzedek Legal Services: Free legal help for LA-area seniors and families.
• Disability Rights California: Advocacy for conservatees’ rights.