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Alexis understands the challenges involved in the transition to adulthood for families of children with developmental disabilities

Limited Conservatorship in Marin County

Parents lose the legal authority to make decisions for their child with a developmental disability once they turn 18

In California, when a child reaches the age of 18, they legally become an adult, gaining full control over their decisions. However, some adult children with a developmental disability cannot make their own decisions safely, and cannot provide for their own basic needs for food, clothing, shelter, and medical care. In such cases, it's crucial to appoint someone to oversee their care and make important decisions regarding their personal well-being and finances.

CONSERVATORSHIP EXTENDS A PARENT’S DECISION-MAKING RIGHTS INTO ADULTHOOD.

Upon being appointed conservator by a judge, you gain the legal authority to make decisions on behalf of your adult child. This includes decisions such as determining their place of residence, managing their medical care, and selecting their educational or vocational programming.

Alexis guides you through the conservatorship process, securing your legal rights to ensure your adult child receives the highest quality of care and services available.

Limited Conservatorship FAQ

  • When an adult is unable to provide for their own needs for food, clothing, shelter, and medical needs, a judge can appoint a conservator to manage their care and finances. In California, a conservatorship for an adult with a developmental disability is called a limited conservatorship. The court limits what decision making rights should be granted to the conservator based on the individual’s specific needs.

  • California law provides for seven decision-making powers in a limited conservatorship, and the court determines which of the these powers should be granted to the conservator:

    • Deciding where the individual lives

    • Consenting to medical treatment

    • Having access to the individual’s confidential records

    • Entering into contracts

    • Making decisions concerning the individual’s education

    • Consenting to or withholding consent to marriage

    • Controlling the individual’s social and sexual relationships

    A conservator can also manage the finances of the individual if the court appoints them conservator of their estate.

  • The duration of the process varies depending on whether someone handles it themselves or hires an attorney, as well as the timeline set by their specific county court. Typically, it takes 3-6 months. If you want the limited conservatorship to be in place by the individual’s 18th birthday, starting the process 6 months in advance is recommended.

    When a conservatorship must be set up immediately due to an urgent situation, you have the option of requesting a temporary conservatorship that can usually be set up within a few weeks.

  • Yes, but it is important to understand that co-conservators equally share decision-making authority.

  • Supported Decision-Making can be an excellent alternative for individuals that are able to make sound decisions with guidance. A power of attorney and/or health care directive may also be helpful for individuals who have the capacity to sign a legal document. You can request an Advance Health Care Directive from your child’s medical provider. Visit my Resources Page for more information.

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