When to Consider a Temporary Conservatorship in California

Making decisions for a loved one who can no longer care for themselves is never easy—especially when timing is critical. Whether due to a medical emergency, sudden cognitive decline, or a legal concern involving finances or personal care, there are situations where waiting for a permanent conservatorship could cause more harm than good. That’s where a temporary conservatorship may be the right solution.

At the law offices of Susan B. Geffen, we’ve helped countless families across Los Angeles County navigate urgent conservatorship matters with clarity and compassion. If you’re unsure whether your current situation calls for this legal step, here’s what you need to know about when and why a temporary conservatorship may be necessary.

What Is a Temporary Conservatorship?

A temporary conservatorship is a short-term legal arrangement where the court grants a trusted individual (the conservator) temporary authority to manage the personal and/or financial affairs of another person (the conservatee) who is unable to do so. In California, this can include decisions about health care, living arrangements, or the protection of income and assets.

This legal tool is often used when immediate action is required, and it’s typically followed by a hearing to determine whether a general (long-term) conservatorship should be established.

Common Situations Where a Temporary Conservatorship Is Needed

Temporary conservatorships are granted only when there is a showing of urgent necessity. Below are some of the most common scenarios where a family may consider petitioning the court for one:

Sudden Illness or Medical Emergency

When a loved one suffers a stroke, severe injury, or mental health crisis, they may suddenly be unable to make decisions about their care or finances. In these cases, a temporary conservator may be appointed to make medical decisions or manage their affairs during recovery.

Immediate Financial Risk or Exploitation

If an elderly or disabled adult is being financially abused, manipulated, or taken advantage of, waiting weeks for a permanent conservatorship may be too late. A temporary conservatorship can prevent further damage by freezing accounts, stopping transactions, or reclaiming assets.

Dementia or Rapid Cognitive Decline

Conditions like Alzheimer’s or dementia can progress quickly. When an individual becomes unable to manage daily tasks or is at risk of wandering, forgetting medications, or endangering themselves, a temporary conservatorship provides an immediate safety net.

Hospital or Nursing Home Discharge Without a Care Plan

If a loved one is being discharged from a medical facility and can’t return home safely—but refuses care or lacks legal documents like a power of attorney—a temporary conservator may be needed to secure placement in a care facility or arrange in-home support.

Refusal of Medical Treatment or Unsafe Living Conditions

Some individuals, particularly those experiencing psychiatric conditions, may refuse necessary treatment or insist on living in unsanitary or dangerous environments. A temporary conservator can step in to authorize medical care and relocation when necessary.

Who Can Be Appointed as a Temporary Conservator?

In California, any adult can petition the court to be appointed as a temporary conservator, but the court will typically prioritize family members, such as:

• Spouses or domestic partners
• Adult children
• Siblings
• Close relatives

The court evaluates each case carefully to determine whether the proposed conservator is suitable and whether the appointment is in the best interest of the proposed conservatee.

At Susan B. Geffen’s law firm, we can help guide you through this process and assist in presenting a clear, compelling petition to the court.

How Long Does a Temporary Conservatorship Last?

By California law, a temporary conservatorship may last up to 30 days, although courts can extend this period in certain situations, especially if the hearing for a general conservatorship has been delayed. During this time, the temporary conservator has the authority to make decisions that are specifically outlined by the court.

It’s important to note that temporary conservatorships are limited in scope, meaning the court will only grant powers necessary to prevent immediate harm. You’ll need to pursue a general conservatorship if long-term care and oversight are needed.

What Is the Legal Process for Obtaining One?

In urgent cases, time is of the essence. Fortunately, California allows for expedited hearings when a temporary conservatorship is required.

Here’s an overview of the steps:

• File a Petition: You’ll submit a petition for temporary conservatorship, along with a separate petition for general conservatorship.
• Provide Notice: The proposed conservatee and close relatives must be notified of the petition unless the court waives notice for safety reasons.
• Emergency Hearing: The court will schedule a hearing, often within a few days, to determine if temporary powers should be granted.
• Court Decision: If approved, the court issues Letters of Temporary Conservatorship, outlining the scope of authority and time limits.

Having an experienced conservatorship attorney—like Susan B. Geffen, who understands the Los Angeles County court system—can make this process smoother, faster, and more successful.

Why Legal Guidance Matters

Temporary conservatorships are more than just paperwork—they’re emotional, high-stakes situations that affect the well-being and dignity of someone you care about. Navigating these legal waters can be overwhelming, especially when time is short and tensions are high.

Susan B. Geffen brings over 30 years of legal experience, as well as a background in elder law, public policy, and gerontology, making her uniquely qualified to advocate for families in crisis. Her firm is known across Southern California for compassionate, responsive support in sensitive conservatorship matters.

Final Thoughts: When in Doubt, Reach Out

Deciding to petition for a temporary conservatorship can be difficult, especially if a loved one is resistant to help or in denial about their condition. But acting quickly—under the guidance of an experienced attorney—can prevent serious harm and provide the structure needed to make thoughtful, longer-term decisions later.

If you’re unsure whether your situation warrants a temporary conservatorship, we’re here to help. Contact the Law Offices of Susan B. Geffen to schedule a consultation and get the clarity and legal support you need during a critical time.