How Do Limited Conservatorships Differ From Standard Conservatorships?

There are various conservatorship options you can work with here in Irvine, CA, so knowing the differences will help you make the right decision about what to ask for. A conservatorship lawyer can help you understand what fits your situation best.

About Standard Conservatorships

Standard, or general, conservatorships, give the appointed conservator pretty broad authority to handle an adult’s personal care or finances (or both) and only come into play when that person can no longer manage on their own. You typically see these when an older adult develops dementia, suffers a serious injury, or experiences another condition that impairs their ability to make good decisions for themslves.

In these situations, the court will grant the conservator all powers and responsibilities except those it finds unnecessary. This can include empowering the conservator to decide where the person lives, consent to medical treatment, manage bank accounts, and pay bills. This setup works for situations where the level of incapacity is so serious that the person needs a lot of total oversight and not just some piece-by-piece assistance.

Types of Standard Conservatorship

• Conservatorship of the Person
• Conservatorship of the Estate

In conservatorship of the person, you (or the appointed conservator) handle someone’s daily needs, such as their housing, health care, and safety. In a conservatorship of the estate, you would deal with someone’s assets, income, and debts. The court can appoint one person for both roles or split them between two people.

About Limited Conservatorships

Limited conservatorships exist only for adults with a developmental disability that began before age 18, such as an intellectual disability, cerebral palsy, epilepsy, or autism. The law requires the court to use clear and convincing evidence that the conservatorship is necessary to protect the person’s well-being, and even then, the judge grants only the specific powers the situation demands. The arrangement is designed to encourage the greatest possible independence.

There are seven powers that are each considered separately for a limited conservatorship of the person. These are:

• Fixing the conservatee’s residence
• Accessing confidential records
• Consenting to or withholding consent for marriage
• Controlling contracts
• Giving or withholding medical consent
• Managing social and sexual relationships
• Making educational or vocational decisions. 

For limited conservatorship of the estate, the control is adjusted so the conservator only has control over the assets or income that genuinely require someone else to manage.

How the Conservatee Is Affected

The conservatee keeps far more rights in a limited conservatorship. They continue to have the ability to vote, make a will for personal items, control their own wages, receive mail, and decide many other daily matters unless the court order specifically removes those rights. The arrangement is also reviewed periodically, and it can be modified or ended if it’s not needed anymore.

At The Probate House, we have guided Southern California families through both types of probate conservatorships for more than thirty years. If you are weighing limited versus standard conservatorships and would like clear answers based on your family’s circumstances, reach out to us now at The Probate House L.C. for a consultation in Irvine or Torrance, CA.

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