Most people are aware of general conservatorships. These take away the conservatee’s (conserved person’s) power to make decisions affecting their assets, finances and/or health care and living arrangements.
A general conservatorship protects those unable to make such decisions, or to protect someone who is generally unable to resist fraud or undue influence.
For example, a person suffering from severe dementia who cannot take care of everyday living needs might need to be conserved.
A limited conservatorship, however, applies only to developmentally disabled persons. People who in many ways may be able to take care of themselves, but who in other ways need assistance, “to promote and protect [their] well-being … .”
Normally the parents (or siblings) petition to become the limited conservator. Parents typically want to continue to make decisions affecting their child’s health care, living arrangements and education even after their child becomes an adult.
Where no one steps forward, the regional center may itself be appointed as the limited conservator. In an emergency, if a conservatorship were not in place, the director of the local regional center has the authority to make health care and living arrangement decisions for their developmentally disabled client.
What does “developmentally disabled” mean? “Developmental disability means a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial handicap for the individual.”
It specifically includes intellectual disability, autism, cerebral paulsy, and epilepsy which occurred before age 18.
Also included are handicaps which either are similar to intellectual disability or are similarly treated. However, mental disorders (e.g., depression, anxiety etc.) and handicaps which are solely physical in nature (e.g., brain trauma) are excluded.
Developmentally disabled persons, who are diagnosed prior to age 18, qualify for assistance at their community’s regional center.
Regional centers are non-profit community organizations which contract with public and private service providers.
Collectively these services and supports are supposed to be, “sufficiently complete to meet the needs and choices of each person with developmental disabilities, regardless of age or degree of disability, and at each stage of life and to support their integration into the mainstream life of the community.”
Similarly, a limited conservatorship serves to assist, “the development of maximum self-reliance and independence of the [developmentally disabled] individual.” Thus, unlike a general conservatorship where the conservatee loses substantially all rights, the limited conservatee retains, “all legal and civil rights except those which by court order have been designated as legal disabilities and have been specifically granted to the limited conservator.”
Thus, only those rights affected by the developmentally disabled person’s own particular inabilities are transferred to the conservator.
Identifying those areas where a limited conservatorship is appropriate becomes the focus of the court proceedings.
Generally speaking, the local regional center is involved with every petition. The regional center assesses the specific areas, nature, and degree of the person’s disability and reports its assessment to the court. The court is not bound by the assessment, but usually gives it great deference.
The powers which may, as necessary, be transferred to the limited conservator fall into seven categories: (1) determining where the conservatee resides; (2) accessing confidential records; (3) consenting or refusing permission to marry; (4) entering into contracts on behalf of the conservatee; (5) making medical decisions; (6) controlling the persons social and sexual relationships; and (7) making decisions regarding education.
A limited conservatorship can only take effect once the person turns age 18. Accordingly, it is desirable to petition the court around 3 months prior to the person’s 18th birthday. That way the conservatorship can take effect once the person turns 18.
Dennis A. Fordham, attorney (LL.M. tax studies), is a State Bar Certified Specialist in Estate Planning, Probate and Trust Law. His office is at 55 First St., Lakeport, California. Dennis can be reached by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. or by phone at 707-263-3235. Visit his Web site at www.dennisfordhamlaw.com .