What is a Limited Conservatorship?

Common Questions About Limited Conservatorships

A Limited Conservatorship is designed as a protective proceeding for those individuals whose developmental disability impairs their ability to care for themselves or their property but is not severe enough to require a full general conservatorship. A limited conservatorship encourages the maximum self reliance and independence of the limited conservatee by giving the conservator only the powers over activities that the conservatee is unable to engage.

"Developmental Disability" Defined

 A developmental disability is one that originates before the age of 18, is expected to continue indefinitely, and constitutes a severe disability. Specifically included in the definition are mental retardation, and related conditions, such as autism, cerebral palsy, and epilepsy.

Does every person with a developmental disability need a limited conservatorship? 

No. 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 independence of the individual.

What Alternatives Are There to a Limited Conservatorship? 

If the main objective of the conservatorship is the management of the funds of a person with a developmental disability, a Special Needs Trust can often better meet those objectives.

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. Any other interested person or friend of the proposed conservatee.

What are the Duties of a Limited Conservator? 

The limited conservator is responsible for the limited conservatee's treatment, training, education, medical and psychological services, and social and vocational opportunity as appropriate and as assists the limited conservatee in the development of maximum self-reliance and independence.

What Additional Powers May the Conservator Request? 

A limited conservator does not have any of the following powers or controls over the limited conservatee unless those powers are specifically requested and granted by the Court:

To select the residence or specific dwelling of the limited conservatee. Access to the 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. The power of the limited conservatee to give or withhold medical consent. The limited conservatee's right to control his or her own social and sexual contacts and relationships. Decisions concerning the education of the limited conservatee.

What Role Does a Regional Center Play? 

Within 30 days after the filing of a petition for limited conservatorship, a proposed limited conservatee shall be assessed at a regional center. The regional center shall submit 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.

When Can Proceedings Begin for a Child? 

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.