Conservatorship & Alternatives

Summary

Limited conservatorships are for adults with developmental disabilities. If the adult you are trying to help does not have a developmental disability but needs help taking care of him/herself or his/her finances, see the About Conservatorships page. If the adult you are trying to help has a serious brain disorder, see the LPS Conservatorship page.

Conservatorship is one option, not a requirement. Turning 18 doesn't automatically mean your family needs to pursue conservatorship — it's a legal decision with real trade-offs, and less restrictive alternatives exist. This page covers what a limited conservatorship is, what alternatives look like, and when to start the process.

Are there alternatives to conservatorship?

Yes, and it's worth discussing these with your Regional Center coordinator or an attorney before deciding conservatorship is the right fit:

Supported Decision-Making — a person retains full legal decision-making authority but is formally supported by trusted people (family, friends) who help them understand options and communicate choices. No court involvement required.
Power of Attorney — allows an adult to designate someone to make specific decisions (financial or healthcare) on their behalf, without transferring general decision-making authority.
Advance Health Care Directive — lets the individual specify healthcare wishes and name a decision-maker for medical situations, set up while the person still has capacity to do so.
Representative Payee — for managing SSI/SSDI benefits specifically, without a broader conservatorship.

Many families use a combination of these instead of, or before, pursuing a limited conservatorship — especially when the adult can make most decisions independently with support.

What is a limited conservatorship?

A limited conservatorship is a court proceeding where a judge gives a responsible person, called a limited conservator, certain rights to care for another adult who has a developmental disability (DD), called a limited conservatee.

Who decides if the adult is developmentally disabled (DD)?

The Court will decide if the proposed conservatee is developmentally disabled. Generally, a person qualifies as developmentally disabled if they have an IQ less than 70 or are diagnosed with autism. Other conditions can qualify too.

What kind of decisions does a limited conservator make?

At the hearing, the judge will specify exactly what rights the conservator has. Because developmentally disabled adults can usually do many things independently, the judge only grants the limited conservator power over things the conservatee cannot do without help. Depending on what the judge grants, a limited conservator may:

Decide where the DD adult will live (but NOT in a locked facility)
Look at the DD adult's confidential records and papers
Sign a contract on the DD adult's behalf
Give or withhold consent for most medical treatment (NOT sterilization and certain other procedures)
Make decisions about the DD adult's education and vocational training
Place the DD adult at a state hospital for the developmentally disabled
Give or withhold consent to the DD adult's marriage
Control the DD adult's social and sexual contacts and relationships
Manage the DD adult's financial affairs

A judge can grant some, all, or none of these — a limited conservatorship is meant to be tailored, not all-or-nothing.

When should I apply for limited conservatorship?

If you are trying to establish a limited conservatorship for someone who will soon turn 18, start the process more than three months before their 18th birthday — the court process itself typically takes several months from filing to hearing. Parents, siblings, or others who may act as limited conservator should talk with the DD adult ahead of time about what matters to them regarding medical care, living arrangements, education, and training, since the court will want to see that the conservatee's own wishes were considered.

What does the process involve?

Filing the petition with the probate court, including required capacity declarations
Court investigation — a court investigator typically interviews the proposed conservatee and visits their living situation
Regional Center report — Regional Center is usually asked to submit its own assessment
Hearing — a judge reviews the petition, investigator's report, and any objections, and decides what specific powers (if any) to grant
Ongoing review — limited conservatorships are subject to periodic court review; they are not necessarily permanent or unchangeable if circumstances change