What Is a Limited Conservatorship and When Is It the Right Choice for Your Adult Child?

When a child with a developmental disability turns 18, everything changes legally – even if nothing has changed in their daily life or needs. Suddenly, parents who have spent years advocating for their child discover they no longer have automatic authority to make medical decisions, manage finances, or access important records. For many California families, this realization comes as an unwelcome surprise during an already stressful transition period. A limited conservatorship offers a thoughtful solution that balances necessary protections with respect for your adult child’s autonomy and rights.

Understanding the Difference Between General and Limited Conservatorships

California law recognizes that not all adults who need support require the same level of intervention. A general conservatorship—typically used for elderly individuals with dementia or severe cognitive impairment—grants broad authority over virtually all aspects of a person’s life. In contrast, a limited conservatorship is specifically designed for adults with developmental disabilities and restricts the conservator’s powers to only those areas where the individual genuinely needs assistance. This distinction matters profoundly because it preserves your adult child’s dignity, encourages their continued growth, and protects their civil rights to the greatest extent possible.

Who Qualifies for a Limited Conservatorship?

Limited conservatorships are available for adults who have been diagnosed with a developmental disability that originated before age 18. This includes conditions such as intellectual disability, autism spectrum disorder, cerebral palsy, epilepsy, and other conditions that affect the individual’s ability to live independently. The key question isn’t whether your adult child has a diagnosis—it’s whether they can manage certain aspects of their life without assistance. Many adults with developmental disabilities live rich, fulfilling lives while still benefiting from targeted support in specific areas like medical decision-making or financial management.

The Seven Powers: Tailoring Protection to Individual Needs

California courts can grant limited conservators authority over up to seven specific areas, and the court will only approve powers that are truly necessary. This individualized approach ensures your adult child retains maximum independence.

• Medical Consent: authorizing routine and emergency medical treatment, accessing health records, and communicating with healthcare providers
• Access to Confidential Records: obtaining educational, medical, and financial documents on behalf of the conservatee
• Decisions About Residence: determining where the conservatee will live and ensuring appropriate housing arrangements
• Social and Sexual Relationships: providing guidance on relationships while respecting the conservatee’s personal choices and development
• Education and Vocational Decisions: advocating for appropriate educational and employment opportunities
• Contractual Authority: entering into contracts on behalf of the conservatee when they cannot fully understand the implications
• Marriage Decisions: providing input on significant relationship decisions when appropriate

What to Expect During the Legal Process

Establishing a limited conservatorship requires filing a petition with the probate court, and the process typically takes three to six months. The Regional Center that serves your adult child will conduct an assessment and provide a report to the court with recommendations about which powers, if any, are necessary. Your adult child will be appointed an attorney to represent their interests, and a court investigator will interview all parties involved. The court takes seriously its responsibility to grant only the minimum powers needed, so thorough preparation and clear documentation of your adult child’s specific needs are essential to a successful outcome.

Alternatives Worth Considering Before Filing

A limited conservatorship isn’t the right choice for every family. If your adult child can understand and execute legal documents, a power of attorney may provide sufficient authority without court involvement. Supported decision-making agreements offer another less restrictive option, allowing trusted individuals to help your adult child make decisions without removing their legal rights. Representative payee status through Social Security can address financial management needs for those receiving benefits. An experienced attorney can help you evaluate these alternatives and determine which approach—or combination of approaches—best serves your family’s unique situation.

Why Los Angeles Families Trust Susan B. Geffen

For over 30 years, Attorney Susan B. Geffen has guided California families through the conservatorship process with expertise shaped by her unique combination of legal knowledge and gerontological training. While limited conservatorships primarily serve younger adults with developmental disabilities, Susan’s deep understanding of how legal tools can protect vulnerable individuals while honoring their autonomy makes her an invaluable advocate. Her practice serves families throughout Los Angeles County, from Hermosa Beach to Beverly Hills, West Los Angeles to Torrance.

Schedule a Consultation in Los Angeles Today

If your child with a developmental disability is approaching adulthood – or if you’ve already discovered gaps in your legal authority – don’t wait until a crisis forces difficult decisions. Contact the Law Offices of Susan B. Geffen at (800) 285-2659 to discuss whether a limited conservatorship is the right path forward for your family. With thoughtful planning, you can ensure your adult child receives the support they need while maintaining the independence they deserve.