A summons may be served on a person (other than a minor) for whom a guardian, conservator, or similar fiduciary has been appointed by delivering a copy of the summons and of the complaint to his guardian, conservator, or similar fiduciary and to such person, but, for good cause shown, the court in which the action is pending may dispense with delivery to such person.
§ 416.70.Service On Person For Whom Guardian, Conservator Or Similar Fiduciary Appointed
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 4. Persons Upon Whom Summons May Be Served · Last amended 1972 · Last verified July 28, 2026
In one sentenceSection 416.70 requires a summons served on a person with an appointed guardian, conservator, or similar fiduciary to go both to that fiduciary and to the person themselves, unless the court dispenses with delivery to the person for good cause.
Full Text of § 416.70
Plain-English Summary
Section 416.70 covers an adult defendant (not a minor, who is covered separately by § 416.60) for whom a guardian, conservator, or similar fiduciary has been appointed. A summons may be served on such a person by delivering a copy of the summons and complaint to the guardian, conservator, or fiduciary, and to the person as well.
The requirement of serving the person directly is not absolute: the court in which the action is pending may, for good cause shown, dispense with delivery to the person, leaving service on the fiduciary alone. That flexibility accounts for situations where personally serving the individual would not be practical or appropriate given their condition.
Frequently Asked Questions
How do you serve someone who has a conservator or guardian appointed for them?
Section 416.70 requires delivering a copy of the summons and complaint both to the guardian, conservator, or similar fiduciary and to the person themselves.
Can service on the person themselves be skipped?
Yes, for good cause shown. Section 416.70 lets the court dispense with delivery to the person, leaving service on the fiduciary alone.
Does this section apply to minors?
No. Minors are covered separately by § 416.60. Section 416.70 applies to a person, other than a minor, for whom a guardian, conservator, or similar fiduciary has been appointed.
Amendment History
Amended by Stats. 1972, Ch. 579.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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