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Your Rights When Someone Asks the Court to Become Your Guardian, Explained
Also called: conservatorship notice, guardianship petition notice
Last reviewed 2026-07-11
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What this notice usually means
A guardianship or conservatorship notice means someone asked a court for legal authority over you. This can cover your decisions, your money, or both. You have real rights in this process. Nothing is decided right away. In California, the court must tell you about four rights. You can oppose the case. You can ask for a jury trial on whether a conservatorship should be created. You can choose your own lawyer. You get a free court appointed lawyer if you do not have one. The court must also explain what a conservatorship would mean for your rights. This has to happen before one can be created. You can only lose your right to vote if you cannot communicate a wish to vote, even with help. In Washington, the court must have you personally served. This includes the petition and a hearing notice. It must happen within 5 court days after the petition is filed. That notice must clearly list your rights. This includes your right to a lawyer of your choice and to a jury trial. Rights continue after a case starts, too. A California conservatee keeps the right to a lawyer. They can ask a judge to replace the conservator or end the case. Deadlines to file a written response differ by state and by court. This page does not yet cover states other than California and Washington.
What to do now
- 1
Know you have the right to oppose
In California, the court must tell you that you can fight the case. You can also ask for a jury trial and a lawyer, including a free one if you do not have one.
- 2
Check your service and hearing timing
In Washington, you must be personally served with the petition and hearing notice within 5 court days after it is filed. Court days skip weekends and court holidays.
- 3
Read your notice for your listed rights
Your notice should state your rights in plain language. This includes your right to your own lawyer and your right to a jury trial.
- 4
Know your rights continue after a case starts
In California, a person under conservatorship keeps the right to a lawyer. They can ask a judge to replace the conservator or end the case.
- 5
Get free help right away
Legal aid offices and court self-help centers can help for free. They can tell you your state's exact response deadline.
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In Washington, you must be personally served with the guardianship petition and hearing notice within 5 court days after the petition is filed. Court days skip weekends and court holidays. California law requires the court to tell you your rights before a conservatorship is created. The sources checked here do not set a single response deadline for California. Ask a free legal help office for your court's exact deadline.
“A copy of a petition under RCW 11.130.270 and notice of a hearing on the petition must be served personally on the respondent and the court visitor appointed under RCW 11.130.280 not more than five court days after the petition under RCW 11.130.270 has been filed.”
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Sources
- California Probate Code 1828 (California Legislative Information, official state legislature site)Retrieved 2026-07-11
- California Courts Self-Help Guide: Rights of Someone in a Limited Conservatorship (California judicial branch, official self-help site)Retrieved 2026-07-11
- Washington RCW 11.130.275 (Washington State Legislature, official state legislature site)Retrieved 2026-07-11
Last reviewed 2026-07-11
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