Limited Conservatorship Lawyer

What is Limited Conservatorship?

A limited conservatorship is specifically designed for a developmentally disabled child (“conservatee”) transitioning into adulthood. Once the disabled child reaches the age of 18, his or her parents are no longer able to make personal medical, and financial decisions for him or her. They therefore, may seek a limited conservatorship of the estate and/or person. Parents can set up a limited conservatorship to protect their developmentally disabled child and assist with personal affairs, medical decisions, and financial matters. This should be filed before the proposed conservatee’s 18th birthday, but can also be filed after.

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Understanding Limited Conservatorships

A limited conservatorship is specifically designed for adults with developmental disabilities who are unable to make certain decisions or care for themselves in particular areas. This might include individuals with conditions such as Down syndrome, autism, cerebral palsy, or other developmental challenges that impact their ability to live independently. The conservatorship is “limited” because the court only grants the conservator—the person appointed to assist—specific powers that the person with disabilities needs help with, rather than full control over all aspects of their life.

The Role of a Limited Conservator

A limited conservator may be granted authority to make decisions in areas such as:

Medical Care: Making healthcare decisions or providing consent for medical treatment.
Living Arrangements: Deciding where the person will live, especially if they are unable to live independently.
Education and Vocational Training: Making educational decisions or arranging vocational training that suits the person’s abilities and needs.
Financial Management: Managing a limited amount of financial matters, such as paying bills or handling a small estate.
Confidential Records and Papers: Accessing the person’s confidential information.
Entering into Contracts: Signing contracts for the person.

The conservator’s role is to support the conservatee’s well-being while allowing them to maintain as much autonomy as possible.

The Process of Establishing a Limited Conservatorship

1. Filing a Petition: The process begins with filing a petition with the court. This petition must detail why a limited conservatorship is needed and specify the areas where the individual requires assistance. Any interested person, such as a family member or a friend, can file this petition.

2. Court Investigation: After the petition is filed, the court will conduct an investigation. A court-appointed investigator will meet with the proposed conservatee, the petitioner, and other relevant parties to assess the need for a conservatorship and understand the individual’s capabilities and needs.

3. Counsel for Proposed Limited Conservatee: Since the petitioner may also be requesting that the developmentally disabled person’s civil rights be limited with respect to their own medical decisions, living arrangements, education, financial management and ability to enter into contracts, the Court appoints counsel to represent the person.

4. The Regional Center: The Regional Center submits a report to the court regarding whether there is a need for a limited conservatorship and whether the Petitioner is suitable.

5. Court Hearing: A hearing is then scheduled, during which a judge will review the record, hear testimony, and decide whether to grant the conservatorship. The judge will carefully consider the proposed conservatee’s needs and the petitioner’s qualifications to act as a conservator.

6. Granting of Limited Powers: If the court grants the conservatorship, it will issue an order outlining the specific powers granted to the conservator. These powers are tailored to the needs of the conservatee, so that they receive support in areas where they need help while preserving their independence in other aspects of their life.

7. Ongoing Oversight: The court retains oversight of the conservatorship, requiring regular reports to confirm that the conservator is acting in the best interests of the conservatee. The conservatorship can be modified or terminated if circumstances change or if the conservatee no longer requires assistance.

Why Should Someone Seek Conservatorship?

There are different reasons why a family member may seek a limited conservatorship. It may be that a parent has run into problems at a group home where their adult child resides. It may also be because a parent encounters difficulties with the school district once the child turns 18 years old and gains the power to make his or her own educational decisions. Another example could be a situation where a health care decision must be made on behalf of the developmentally disabled adult and medical personnel question a parent’s authority once a child has legally become an adult.

What is the Court’s Role in Conservatorship?

The court appoints independent counsel to represent the rights of the proposed limited conservatee, and the Regional Center provides an assessment and reports to the court prior to the hearing. The Superior Court Probate Department will oversee the limited conservator once it is put in place.

Because a developmentally disabled individual can usually do many things on their own, the judge will only give the limited conservator power to do things the conservatee cannot do without help.

The conservator may:

Decide where the conservatee will live (but, not in a locked facility).
Look at the conservatee’s adult confidential records and papers.
Sign a contract for the conservatee.
Give or withhold consent for most medical treatment (NOT sterilization and certain other procedures).
Make decisions about the conservatee’s education and vocational training.
Place the conservatee at a state hospital for the developmentally disabled.
Control the conservatee’s social and sexual contacts and relationships.
Manage the conservatee’s financial affairs.
Represent conservatee/student in education matters and IEP meetings.

Moore Law is Experienced in Limited Conservatorship

Establishing a limited conservatorship can be a complex and emotional process. It requires a deep understanding of legal requirements and a thoughtful approach to meet the individual’s rights and needs. At Moore Law For Children, we are dedicated to helping families navigate this process with care and compassion.

Our team can guide you through each step, from filing the initial petition to representing you at court hearings and maintaining compliance with all legal obligations. If you are considering a limited conservatorship for a loved one, we are here to help you understand your options and make informed decisions. Contact us today to discuss how we can support you in protecting your loved one’s future.

Highly Recommended!!!

Meldie Moore is an exceptional attorney! Her expertise and attention to detail is only surpassed by her dedication and commitment to her clients and achieving the very best possible outcome. Meldie is smart, confident, professional and fights for your child. We could never imagine achieving our results without Meldie at the helm! We are so incredibly grateful for all Meldie did for us and would highly recommend her services.

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