What is a Limited Conservatorship?
In my previous blog on “When Do You Need a Conservatorship” I addressed the different types of conservatorships for adults in California and promised to provide an overview of the limited conservatorship. In this blog, we will delve into the purpose and benefits of a limited conservatorship, the definition of developmental disability, and the process of establishing one. Whether your child requires continued access to medical and educational support or guidance in making important life decisions, a limited conservatorship may be the answer. Let’s explore how this legal arrangement can empower your child and provide the assistance they need to thrive.
The Special Purpose of the Limited Conservatorship
The term “limited” in limited conservatorship holds significant meaning. This type of conservatorship is exclusively designed to promote and safeguard the well-being of developmentally disabled adults while encouraging their independence and self-reliance to the fullest extent possible. By tailoring the conservatorship to the individual’s specific developmental and adaptive limitations, it enables the adult to retain all legal and civil rights, except for specific powers granted to the conservator by the Court, depending on the nature of the disability.
Understanding Developmental Disability
A developmental disability, as defined in the law that governs limited conservatorships, encompasses conditions that originate before the child turns 18 and constitute a permanent and substantial handicap. These disabilities may include intellectual disability, cerebral palsy, epilepsy, autism, and other related conditions that significantly limit the individual’s functioning in key areas like self-care, language, learning, mobility, and more. If your adult child is a client of the Regional Center, they likely qualify for a limited conservatorship, and the Regional Center’s assessment and recommendations are instrumental in this process.
What Powers Are Involved in a Limited Conservatorship?
When a limited conservatorship is granted, the conservator automatically gains inherent powers for the care, custody, and control of the conservatee. This includes making arrangements for healthcare, personal care, transportation, recreation, and other essential needs. However, there are specific powers that the conservator must request and obtain from the Court to shift decision-making over certain rights. These powers may include determining the conservatee’s residence, accessing confidential records, consenting to marriage, handling contracts, making medical decisions, controlling social and sexual contacts, and making educational decisions.
The Process of Establishing a Limited Conservatorship
The journey towards establishing a limited conservatorship starts with filing a petition for the appointment as a limited conservator and paying the required court fees, subject to eligibility for a fee waiver. Alongside the petition, supporting documents, including a capacity declaration from a doctor who evaluates the proposed conservatee, must be filed. Close relatives must be notified about the proceedings, and they have the opportunity to be heard and raise objections. The proposed conservatee also receives their court-appointed attorney, who submits a report to the Court after meeting with them. Whether you choose the self-help approach or seek assistance from an attorney, initiating the process before the child turns 18 allows for a seamless transition to adulthood.
Frequently Asked Questions About Limited Conservatorships
Q: How is a limited conservatorship different from a general conservatorship?
A: A limited conservatorship is specifically tailored to the individual’s developmental disability and grants only specific powers to the conservator, preserving as many rights for the conservatee as possible. In contrast, a general conservatorship typically grants broader powers when the disability requires extensive support.
Q: What if my child is high-functioning but still needs support?
A: If your child has a high level of functioning, but certain powers are necessary to ensure their well-being, a limited conservatorship can be requested to meet their specific needs without overreaching on their independence.
As parents of special needs children, ensuring their well-being and independence is a top priority. A limited conservatorship can be the solution to securing the support they need while respecting their individual rights. At Naimish & Lewis, APC, we understand the complexities of limited conservatorships in California. Our experienced Probate attorneys can guide you through the process, providing tailored advice to best suit your family’s needs. Schedule an initial consultation with us today and empower your special needs child for a brighter future.
