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Limited conservatorship · Developmental disabilitiesLimited conservatorship when your child with a developmental disability turns 18
At 18, parents lose the legal right to make decisions for their child. A limited conservatorship restores the authority a family needs while protecting the young adult's independence.
Who a limited conservatorship is for
A limited conservatorship is available only for adults 18 and older who have a developmental disability, such as an intellectual disability, autism, cerebral palsy, or epilepsy, that began before age 18.
The goal is different from a general conservatorship. The court gives the conservator only the powers the person actually needs, and the conservatee keeps every right the court does not take away. The law encourages the person to develop self-reliance and independence.
The seven powers a judge may grant
The petition asks for some or all of these powers. Each one must be supported by the facts of your child's life.
- ResidenceDecide where the conservatee lives.
- Confidential recordsAccess medical, school, and other confidential papers and records.
- MarriageConsent or withhold consent to marriage.
- ContractsEnter into contracts on the conservatee's behalf.
- Medical treatmentGive or withhold consent to medical treatment.
- Social and sexual contactsMake decisions about social and sexual contacts and relationships.
- EducationMake decisions about education, including IEP and training choices.
The role of the regional center
With the person's consent, the local regional center (for example, the Regional Center of Orange County, a Los Angeles County regional center, Inland Regional Center, or San Diego Regional Center) assesses them and submits a report to the court. The report addresses the nature of the disability, the help the person needs, and recommendations about each of the seven powers. It must be provided to the person and their attorney before the hearing.
A court-appointed attorney for your child
In every limited conservatorship, the court must appoint an attorney for the proposed limited conservatee if they do not already have one. That attorney's job is to represent your child's wishes and rights. Regina serves in this role in Los Angeles and Orange Counties, so she understands what appointed counsel will look for and can help your petition address it from the start.
Consider the alternatives. Many young adults can make their own decisions with the right support. Before filing, we review options such as a supported decision-making agreement, a durable power of attorney, an advance health care directive, HIPAA releases, an educational representative, and participation in IPP and IEP planning. A limited conservatorship is the right choice when those tools are not enough.
Timeline we recommend
- Around age 17Start the conversation. Gather school records, the IPP, and medical information, and talk with your regional center service coordinator.
- About six months before 18Decide whether alternatives will work or a petition is needed, and choose who will serve as conservator.
- FilingThe petition can be filed shortly before the 18th birthday so authority is in place close to the date it ends for parents.
- HearingThe court investigator, regional center, and appointed attorney report to the judge, who decides which powers to grant.
Frequently asked questions
Can both parents serve as co-conservators?
Yes. Parents commonly serve together, and the petition can also name a successor to step in later.
Do limited conservators have to file accountings?
In many limited conservatorships of the person only, there is no estate to account for. If the court also appoints a conservator of the estate, accounting requirements apply. We explain exactly what your order requires.
Does my child have to come to court?
Your child is entitled to attend. The court investigator and appointed attorney will meet with them. The judge may excuse attendance in some circumstances.
Does a limited conservatorship affect SSI or Medi-Cal?
Not by itself. Benefits planning is a separate issue, and a special needs trust or ABLE account may be important if your child will receive money.