As a parent, you want your developmentally disabled child to be as self-reliant and independent as she or he can be. How can you continue to protect your child once she or he becomes an adult in the eyes of the law! How can busy parents get good information?
A limited conservatorship is a court proceeding whereby an individual or agency is appointed to be responsible for a developmentally disabled adult. These conservatorships are "limited" because the developmentally disabled adult retains the power to care for her or himself and/or manage her or his financial resources to the extent that the court finds that she or he is able to do so. The limited conservator cares for and controls those aspects of daily life that the court finds the developmentally disabled adult cannot competently handle.
Frequently asked questions concerning Limited Conservatorships:
Who can establish a Limited Conservatorship?
A petition for the appointment of a conservator may be filed by:
- The proposed conservatee;
- The spouse of the proposed conservatee;
- A relative of the proposed conservatee;
- Any interested public officer or employee of an interested public agency of California; or
- Any other interested person or friend of the proposed conservatee.
Does every person with a developmental disability need a Limited Conservatorship?
A limited conservatorship is not required merely because a person has a developmental disability. A limited conservatorship is appropriate only when necessary to protect the well-being of the individual and is designed to encourage the development of maximum self‑reliance and inde-pendence of the individual.
What alternatives are there to a limited Conservatorship?
If the main objective of the conser-vatorship is the management of the funds of a person with a developmental disability, a Special Needs Trust can often better meet those objectives.
What are the duties of a Limited Conservator?
The limited conservator is responsible for the limited conservatee’s treatment, training, education, medical and psycho-logical services, and social and vocational opportunities as appropriate and assists the limited conservatee in the development of maximum self‑ reliance and independence.
When can conservatorship proceedings begin?
If the proposed conservatee is a minor, the petition may be filed so that the conservatorship may be effective immediately upon the child turning 18.
What powers may the conservator request?
A limited conservator may request the following powers or controls over the limited conservatee:
- To select the residence or specific dwelling of the limited conservatee;
- To access confidential records and papers of the limited conservatee;
- To consent or withhold consent to the marriage of the limited conservatee;
- The right of the limited conservatee to contract;
- Decisions concerning the education of the limited conservatee;
- The power of the limited conservatee to give or withhold medical consent; and/or
- The limited conservatee's right to control his or her own social and sexual contacts and relationships.
What role does a regional center play?
Within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee is assessed at a regional center. The regional center submits a written report of its findings and recommendations to the court. While the regional center report is not binding, it provides the court with guidance about the appropriateness of the conservatorship.