Probate Court Services
Probate Court Services
Probate Court Services is a specialized unit that handles investigations related to guardianships, conservatorships.
Guardianship Investigations
What is a guardianship?
A guardianship is a court ordered transfer of legal responsibility to a specific adult for the physical care and protection of a minor and/or the assets of a minor.
When is a guardianship necessary?
A guardianship may be necessary when a minor's parents are no longer able or willing to provide care. A legal guardianship gives custody of the minor to a person other than a parent. The guardianship allows the guardian to provide health insurance coverage, enroll a minor in school, receive assets or benefits on behalf of the minor and provide other necessary care and protection.
How is a guardianship established?
The adult who wishes to be the legal guardian of a minor must file a petition with the Probate Clerk's Office. Click HERE for fees and filing information. The Probate Clerk’s Office is located on the 1st floor of the Costa Mesa Justice Complex. Probate Court Services will conduct an investigation to determine the suitability of the familial petitioner; non-familial petitioners are investigated by Orange County Social Services Agency. Once completed, the initial investigation report is filed for the judicial officer's consideration into suitability. At the court hearing, the court will make a determination as to whether or not the guardianship is necessary and if the petitioner is suitable.
How much does it cost for a guardianship?
See the fee schedule for fees to file the petition and for the investigation. If the fees present a hardship; you may be eligible for a fee waiver. For more information, instructions and forms regarding how to seek a waiver of court fees, click here.
What if someone contests the guardianship?
If more than one person petitions the court for guardianship of a minor, Probate Court Services will complete an investigation for suitability as to each familial petitioner. Orange County Social Services Agency will conduct an investigation into all non-familial petitioners.
If a parent(s) contests the establishment of guardianship, or if the minor currently resides with the parent(s), the court will order an investigation to be completed by Orange County Social Services Agency as to the parent(s).
How long is the guardianship in effect?
A guardianship generally remains in effect until the minor reaches the age of 18. A parent/party may petition the court to terminate the guardianship at any time, at which point the court will order an investigation. Although the guardian(s) and parent(s) may agree to terminate the guardianship, only the court may legally do so. If a guardian wishes to resign, a suitable adult must be available to assume care and custody of the minor; otherwise, the minor may be placed into protective custody.
A guardianship also terminates upon the minor's adoption.
What is a conservatorship?
A conservatorship is a legal determination by the court placing the interest of a vulnerable adult in the care and protection of another.
Who may need a conservatorship?
Any adult who lacks the capacity or is unable to take care of his or her own needs for food, shelter, or medical care or is unable to substantially manage their personal finances and is subject to undue influence may be in need of the protection of a conservatorship.
Who may be a conservator?
Conservators are usually family members or close friends. If there is no one close to the conservatee who is able to act on his or her behalf, a professional conservator or the Public Guardian may be appointed.
When the forms are completed and you are ready to file them, go to the Probate Clerk's Office on the 1st floor of the Costa Mesa Justice Complex. Click HERE for fees & filing information.
What if this is an emergency situation?
When an emergency situation exists, a Temporary Conservatorship Petition can be filed. For additional information on the temporary appointment click here.
What happens after the petition is filed?
The filing of a conservatorship petition triggers an investigation by Probate Court Services. An investigator will interview the proposed conservatee and conservator(s) and any other agencies or individuals who may be able to provide information to the court. The investigator will prepare a report for the courts consideration.
How long does the investigation take?
The investigation process will begin after you file your petition and will be completed before your hearing date.
How does the Court monitor a conservatorship?
Probate Court Services conducts statutorily mandated periodic Reviews (Annual, Biennial, or Triennial) dependent on conservatorship type and previous findings. A report is completed and filed by Probate Court Services for the court's review and consideration.
What happens if it appears the conservatee is being abused, neglected, or financially exploited?
Adult Protective Services is the agency charged with investigating allegations of abuse and neglect of adults. If the alleged victim is conserved, Adult Protective Services and Probate Court Services work together to resolve problems and provide for the well-being of the victim. Orange County Adult Protective Services 24 hour hotline is (800) 451-5155. For more information regarding elder abuse click here.
Each proposed conservator is required to complete the orientation on-line. At the end of the video, a certificate of completion must be uploaded to your case. You will not be able to receive your orders or Letters of conservatorship until attendance of this class is verified. The Conservatorship Orientation is offered on-line in the following languages:
Conservatorship Orientation 12-1-2020 (ispring.com) English
Conservatorship Orientation Spanish 12-1-2020 (ispring.com) Spanish
Conservatorship Orientation Vietnamese 5-2021 (ispring.com) Vietnamese
It is required that you access the Conservatorship Handbook available online. You will not be able to receive your orders and Letters of Conservatorship until Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators (form GC-348) is filed. Click here to access the Conservatorship Handbook http://www.courts.ca.gov/documents/handbook.pdf
Probate Court Services is unable to provide legal advice. We can however, provide you with information about our services. If you have questions about our services, please call (657) 622-8455.