California Probate Conservatorship Evidentiary & Dispute Analyzer (Cal. Prob. Code §§ 1801, 1800.3, 2250)

1. Petitioner Standing & Preference Order § 1812 Priority

Spouse / Domestic Partner Tier 1

Highest statutory priority unless active dissolution pending (§ 1813).

Parent / Adult Child Tier 2

Requires overcoming spousal preference or showing good cause.

Private Professional Fiduciary Neutral

Licensed professional under Bus. & Prof. Code § 6500.

Public Guardian / Agency Tier Last

Indigent or no willing/qualified nominee available (§ 2920).

2. Conservatorship of the Person § 1801(a)

Inability to Provide for Food, Clothing, or Shelter

Documented inability to independently secure basic physical survival needs without intervention.

Severe Risk to Physical Health & Safety

Medical evidence of untreated life-threatening conditions, severe substance intoxication, or psychosis.

Refusal of Necessary Medical Treatment

Lack of informed medical consent capacity resulting in immediate physical deterioration.

3. Conservatorship of the Estate § 1801(b)

Substantial Inability to Manage Financial Resources

Documented mismanagement, dissipation of assets, or non-payment of vital obligations.

Susceptibility to Fraud or Undue Influence

Excessive persuasion overcoming free will under Civ. Code § 1575 / Welf. & Inst. Code § 15610.70.

Active Dissipation of Real or Personal Property

Large unexplained transfers, predatory third-party encumbrances, or impending foreclosure.

4. Least Restrictive Alternatives Tested § 1800.3 Mandate

Durable Power of Attorney (DPOA) / Advance Health Directive

Valid, unrevoked instrument executed during period of proven testamentary capacity.

Revocable Living Trust with Independent Co-Trustee

Estate assets titled in trust with institutional or bonded professional fiduciary oversight.

Supported Decision-Making Agreement (§§ 21001-21008)

Formal framework utilizing trusted supporters without total deprivation of civil liberties.

Voluntary Treatment & Professional Money Management

Subject is actively participating in outpatient medical care or dual-signature banking.

California Probate Conservatorship Analyzer PROB. CODE §§ 1801, 1800.3, 2250