How Long Does It Take to Declare Someone Incompetent in California?

In California, declaring someone legally incompetent (formally called establishing a conservatorship) typically takes 3–6 months, but urgent cases may resolve in 2–4 weeks with a temporary order. Timelines hinge on court backlogs, medical evaluations, objections, and the case’s complexity.

Imagine your aging parent can no longer manage their finances, but their bank refuses to release funds without a court order. You’re told the process could take “a few months” — but how many months? With California probate courts facing a 30% increase in conservatorship filings since 2020 (CA Judicial Council), delays are common, but strategic planning can expedite protection.

Legal Definitions: Incompetence vs. Incapacity in California

California no longer uses the term “incompetent” in probate law. Instead, courts assess whether someone lacks capacity to care for themselves or their finances, leading to:

• General Conservatorship: For adults with dementia, TBI, or severe illness (Probate Code § 1800).
• Limited Conservatorship: For developmental disabilities (e.g., autism, cerebral palsy).
• LPS Conservatorship: For grave mental health crises (e.g., schizophrenia).

Key Point: The term “incompetent” is outdated and may refer to criminal competency hearings, which are separate from civil conservatorships.

Factors Impacting the Timeline

1. Type of Conservatorship

• Temporary Conservatorship: Granted in 2–4 weeks for emergencies (e.g., homelessness risk, exploitation). Lasts up to 30 days, extendable to 180 days (Probate Code § 2250).
• General Conservatorship: Takes 3–6 months due to mandatory steps like medical evaluations, court hearings, and investigator reviews.

2. Medical Evidence Delays

A licensed physician or psychologist must complete a Capacity Declaration (Form GC-335), assessing:

• Understanding of basic needs.
• Risks of independence.
• Ability to communicate decisions.

Wait times for specialists (e.g., geriatric psychiatrists) can add 1–2 months.

3. Court Backlogs

Urban counties like Los Angeles and San Francisco face longer delays:

• LA County: 8–12 weeks for a hearing date.
• Rural Counties (e.g., Shasta, Kern): 4–6 weeks.

4. Family Disputes or Objections

If relatives contest the petition, courts may order mediation or additional evaluations, extending timelines by 2–3 months.

Related article for you:
How Do You Declare Someone Incapacitated in California?

The Step-by-Step Process and Timeframes

1. Consult an Attorney (1–2 Weeks)

• Elder law attorneys can streamline filings.
• Cost-saving tip: Use California Courts’ self-help guides for DIY petitions.

2. File the Petition (1–3 Weeks)

• Submit forms (GC-310, GC-335) to the county probate court.
• Serve notice to the proposed conservatee and family.

3. Court Investigator Assessment (2–4 Weeks)

• A court-appointed investigator interviews the individual and petitioner.

4. Medical Evaluation (1–4 Weeks)

• Doctors assess cognitive function; delays occur if the person refuses cooperation.

5. Hearing and Ruling (4–8 Weeks Post-Filing)

• Judges may decide immediately or take 10–14 days to review evidence.

Expediting the Process: When Time is Critical

• Ex Parte Temporary Orders: For crises (e.g., imminent foreclosure, medical neglect), courts can issue same-day orders with proof of urgency (Probate Code § 2250).
• LPS Conservatorships: For severe mental health cases, counties like San Diego prioritize hearings within 72 hours under the Lanterman-Petris-Short Act.

Rights That Can Slow the Process

California prioritizes due process:

• The proposed conservatee can demand a jury trial (Probate Code § 1827).
• They may appoint their own attorney, delaying hearings by weeks.
• Courts pause proceedings if the individual regains capacity (e.g., through medical treatment).

Real-Life Scenarios: How Long Does It Take?

• Dementia Case (Sacramento County): 5 months (3 months waiting for a neurologist’s report).
• Emergency Financial Exploitation (Orange County): 18 days (temporary order froze assets while general conservatorship processed).
• Contested Case (San Francisco): 9 months due to sibling objections.

How to Avoid Delays

• Gather Evidence Early: Secure medical records, witness statements, and financial documents.
• File in the Correct County: Jurisdiction errors reset the clock.
• Consider Mediation: Resolve family disputes pre-filing to avoid hearings.

Related Considerations

While conservatorship is often necessary, some families opt for a Power of Attorney (POA) instead. Learn more about Can a Power of Attorney Put Someone in a Nursing Home? to explore alternatives that might provide faster solutions.

Resources for California Families

• California Courts Conservatorship Portal: Free forms and county-specific guides.
• Disability Rights California: Free legal advocacy for conservatees.
• Family Caregiver Alliance: Support for dementia-related cases.

Conclusion

While declaring someone incapacitated in California often takes months, proactive steps — like securing medical evaluations early and avoiding contested filings — can protect vulnerable loved ones faster. Always balance urgency with the proposed conservatee’s rights to autonomy.

Need Help? Contact the California Lawyers Association’s Elder Law Section or local legal aid clinics for low-cost guidance.