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A temporary conservatorship (sometimes called an emergency conservatorship) gives a court-appointed adult authority to make urgent decisions for another adult who cannot protect themselves. It is a short-term solution designed to keep someone safe until the court decides on a general conservatorship.
Important: In Santa Clara County, a temporary conservatorship cannot be filed on its own—it must be filed with or after a general conservatorship petition.
You may need to request a temporary conservatorship if:
An elderly parent is being financially exploited and needs immediate protection.
An adult with a serious disability requires urgent medical consent.
A vulnerable family member is at risk of abuse, neglect, or fraud.
Waiting weeks for a general conservatorship hearing would cause harm.
Emergency authority granted for 30–60 days
Designed for urgent medical, financial, or safety needs
Must be filed together with a general conservatorship petition
Ends once the court rules on the general conservatorship
Long-term authority over personal or financial matters
Covers elderly parents, disabled adults, or mentally ill individuals needing ongoing support
Requires a full court investigation and hearing
Stays in effect until modified or terminated by the court
No. In California, you cannot file a temporary conservatorship petition alone. The court requires that it be filed with, or as part of, a general conservatorship case.
This ensures the court reviews both the immediate need for emergency protection and the long-term care plan for the proposed conservatee.
Court paperwork includes:
We provide temporary conservatorship assistance for clients in:
San Jose • Santa Clara • Sunnyvale • Milpitas • Cupertino • Mountain View • Los Gatos • Morgan Hill • Gilroy
A temporary conservatorship is a court-ordered arrangement where a person (the conservator) is appointed to manage the personal or financial affairs of another person (the conservatee) for a limited time, typically while a permanent conservatorship is being established.
It’s usually needed in urgent situations where an individual is unable to care for themselves or manage their finances, and there’s an immediate risk of harm or loss if no action is taken. This might include medical emergencies or financial exploitation.
Any interested person, such as a family member, friend, or professional caregiver, can file a petition for temporary conservatorship with the Superior Court of California in San Jose, provided they have a legitimate concern for the well-being of the proposed conservatee.
A temporary conservatorship typically lasts for a short period, often no more than 30 to 60 days. It remains in effect until a permanent conservatorship is established, the temporary conservatorship is terminated by the court, or the need for it no longer exists.
The powers of a temporary conservator are determined by the court and can include managing the conservatee’s finances, making healthcare decisions, and arranging for their living situation. The court will specify the exact powers granted to the temporary conservator in the court order.
TrustPoint Disability & Legal Services
Registration: LDA268
Expiration: 03/17/2027
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