A conservatorship is granted in a court proceeding where a superior court judge appoints a responsible person (a conservator) to care for another adult (a conservatee) who cannot care for themselves or their finances.
A limited conservatorship is specifically available for the benefit of adults with developmental disabilities (e.g., autism, cerebral palsy, etc.)
A limited conservator has the authority to do only those things that are granted at the time of appointment by the local superior court.
A limited conservator (usually a family member) may have the authority to:
- Decide where the conservatee will live
- Manage the conservatee’s social affairs
- Manage the conservatee’s financial affairs
- Examine the conservatee’s confidential records and papers
- Sign a contract for the conservatee
- Give or withhold consent for medical treatments
- Make decisions regarding education and vocational training
- Give or withhold consent to the conservatee’s marriage
- Control the conservatee’s sexual contacts and relationships
The conservatorship can address issues of the person (for example, medical decisions) as well as financial management issues.
After the filing of a petition for limited conservatorship, a proposed limited conservatee is assessed at a regional center to determine if the proposed conservatee is indeed developmentally disabled. The regional center submits a written report of its findings and recommendations in regard to the conservatorship to the court. While the regional center report is not binding, it provides the court with guidance about the appropriateness of the conservatorship. Additionally, the court appoints an attorney and an investigator to represent the disabled adult, as a means to make certain that the proposed conservatorship is with merit.
