California Probate Conservatorship Burden of Proof is Clear and Convincing Evidence

Under California law, the California Probate Code requires that prior to establishing a probate conservatorship of either one's person or estate that the proponent or petitioner must prove their case by clear and convincing evidence.  This legal standard is codified under Probate Code section 1801.  This is not to be confused with the LPS conservatorship standard of beyond a reasonable doubt.

The clear and convincing evidence standard is greater than a preponderance of the evidence standard and less than the beyond a reasonable doubt evidence standard.  In other words, this is not an "iffy" case situation.  A petitioner is required to have actual evidence necessitating a conservatorship of one's person or one's estate.  Such evidence must be clear and convincing.