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Limited Conservatorships For Disabled Adults

Reaching the age of 18 is a milestone for young adults. Overnight, they suddenly have rights and responsibilities they did not have before. Developmentally disabled citizens are entitled to live in dignity, happiness, and useful productivity, but it may be evident that these rights and responsibilities can be more than they are able to understand. These young adults, or even older adults, may be or could become susceptible to the influence of others.

Limited conservatorships are a special type of conservatorship for adults with disabilities. If your child with a developmental or intellectual disability, will soon become an adult or is an adult already, and is a client of a regional center, then he or she may need assistance managing their finances or personal affairs. A limited conservatorship differs from a probate conservatorship because it may give you authority over specific affairs that are necessary in consideration of your child’s abilities. Our attorneys can help you establish a limited conservatorship for your loved one.

As a limited conservator, you may have certain rights to care for your disabled adult child, the conservatee. The court may approve for you to have decision-making authority over some or all of the following responsibilities:

  • Housing
  • Education
  • Access to their confidential records
  • Medical treatment
  • Consent to marriage
  • Sign contracts for the conservatee
  • Consent to social and sexual relationships

Conservatorship Is Made To Fit Their Unique Needs

The scope of your limited conservatorship will be made to fit the child’s special needs. The regional center where your child is already receiving services will assess and prepare a report and recommendation to the court regarding your child’s level of understanding, and ability to make decisions related to those certain rights. A court investigator will also conduct an independent investigation and provide a separate report to the court. In addition, the court will appoint an attorney to represent your son or daughter to ensure they have a voice in the proceedings. The court will then consider all of the available information and determine which rights he or she will retain for themselves, and which rights and responsibilities you will be granted over that individual, depending upon their specific needs.

Schedule A Consultation With An Attorney

Our experienced lawyers can advise on the next steps to establish a limited conservatorship for your loved one or family member. Timing is important for limited conservatorships. It is especially important if your child will soon become an adult. We recommend that you contact our office for assistance several months before their 18th birthday. Call our office in Torrance, California, today to schedule a free consultation with one of our attorneys at 424-452-2375, or contact us through our online contact form.