Tailored Authority for Adults with Developmental Disabilities
A limited conservatorship is a specialized form of conservatorship created by California Probate Code section 1801(d), designed exclusively for adults with developmental disabilities. Unlike a general conservatorship, which transfers broad authority to the conservator, a limited conservatorship grants only the specific powers a judge determines are necessary, after evaluating the conservatee's actual abilities. The goal is to provide protection where it is needed while preserving as much independence as possible.
To qualify, the proposed conservatee must have a developmental disability that originated before the age of 18, is expected to continue indefinitely, and substantially limits major life activities. The five qualifying conditions under California Welfare and Institutions Code 4512 are intellectual disability, cerebral palsy, epilepsy, autism, and conditions closely related to intellectual disability that require similar treatment.
When your child turns 18, your parental rights end at midnight, regardless of their cognitive abilities. Schools stop sharing IEP information, doctors can no longer discuss treatment with you, and banks will not release account information. File the limited conservatorship petition at least 6 months before the 18th birthday to ensure orders are in place before that legal cliff.
Pre-18 Petition Filing
We file the petition 6 months before the 18th birthday so Letters of Conservatorship issue on or shortly after the birthday. This avoids the months long gap where no one has legal authority to act on your young adult's behalf.
Regional Center Coordination
North Los Angeles County Regional Center and the other regional centers must prepare a report under Probate Code 1827.5. We coordinate the evaluation, the report timing, and the court submission so nothing delays the hearing.
7 Powers Tailored to Capacity
California courts can grant up to seven specific powers under Probate Code 2351.5. We request only the powers your young adult actually needs, leaving the rest of their legal rights intact.
Annual Status Reports
Limited conservators must file annual reports and biennial accountings if the conservatorship includes the estate. We prepare the filings, track the deadlines, and represent you at any review hearings.
The 7 Powers a Limited Conservatorship Can Grant
Under California Probate Code 2351.5, a judge may grant the limited conservator any combination of these seven powers, depending on what the conservatee genuinely needs:
- Residence. Authority to decide where the conservatee lives, including selecting a group home, supported living arrangement, or family home.
- Access to confidential records and papers. Authority to obtain medical records, school records, regional center files, and other private documents.
- Consent or withhold consent to marriage. Authority to consent to or refuse marriage on the conservatee's behalf.
- Contracts. Authority to enter into contracts, since the conservatee loses contractual capacity for any power transferred to the conservator.
- Medical treatment. Authority to consent to or refuse medical treatment, with limits on psychotropic medications and other invasive procedures.
- Education. Authority to make educational decisions, including signing the IEP, choosing a school placement, and consenting to transition services.
- Social and sexual contacts and relationships. Authority over the conservatee's relationships, typically granted narrowly and reserved for cases where there is a real protective need.
Who Needs a Limited Conservatorship?
- Parents of a teenager with autism, Down syndrome, or another developmental disability approaching the 18th birthday
- Families whose adult child receives services from a California regional center and cannot independently sign their Individual Program Plan
- Families where the adult child cannot reliably make medical decisions, manage benefits, or understand contracts
- Parents who need legal authority to remain involved in their adult child's education through age 22 and beyond
- Caregivers planning a successor conservator in case the current parent conservator becomes unavailable
A limited conservatorship is meaningfully different from a general (probate) conservatorship. The conservatee retains every right not specifically transferred to the conservator, including the right to vote, the right to consent to medical care for any unrestricted matter, and the right to control their own earnings. California courts presume the conservatee has capacity unless evidence proves otherwise for each requested power.
The Limited Conservatorship Process
We guide your family through every step, from the initial assessment through the first annual review.
Free Consultation and Strategy
We meet with you to understand your child's strengths and limitations, review existing IEP and regional center documents, and confirm that a limited conservatorship (rather than a power of attorney, special needs trust, or supported decision making agreement) is the right tool.
Petition Preparation and Filing
We prepare the petition for appointment of limited conservator, the confidential supplemental information, the citation, and the proposed orders. We file with the Los Angeles Superior Court (or your county's probate court) 6 months before the 18th birthday whenever possible.
Regional Center and Investigator Reports
The regional center prepares its Probate Code 1827.5 report addressing the proposed conservatee's needs. A court investigator separately visits, interviews the proposed conservatee, and reports on whether the proposed conservatee understands and agrees to the conservatorship.
Court Hearing and Letters
The hearing is typically scheduled 60 to 90 days after filing. The proposed conservatee has the right to attend, to be represented by court appointed counsel, and to object. If the judge grants the petition, the court issues Letters of Limited Conservatorship that specify exactly which of the seven powers are transferred.
Ongoing Compliance and Annual Review
The court investigator returns one year after appointment, then every two years thereafter, to confirm the conservatorship is still appropriate. We help you prepare the annual status report and, if the conservatorship includes the estate, the biennial accounting.
Frequently Asked Questions
Common questions from California parents preparing for the 18th birthday transition.
File at least 6 months before the 18th birthday. The petition cannot be heard before the conservatee turns 18, but everything else (drafting, filing, citation service, regional center report, investigator visit) can be completed in advance. Filing on this timeline means Letters of Conservatorship can issue within weeks of the birthday rather than months later.
A general (probate) conservatorship gives the conservator broad authority over the conservatee's person, estate, or both. A limited conservatorship is restricted to adults with developmental disabilities and transfers only specific powers, with the conservatee retaining every other legal right. Limited conservatorships also involve mandatory regional center involvement, which general conservatorships do not.
The court filing fee in Los Angeles County is currently around $465. Investigator fees vary but typically run $700 to $1,000. Attorney fees for a straightforward, uncontested limited conservatorship of the person generally range from $4,000 to $6,500. Fee waivers are available for families that qualify financially, and a court appointed attorney for the proposed conservatee is paid by the county.
Yes, but it is often unnecessary. Most adults with developmental disabilities qualify for SSI, SSDI, or other public benefits that are managed through a representative payee. Combined with a special needs trust, a representative payee usually handles finances without requiring a conservatorship of the estate. We will evaluate whether estate authority is genuinely needed or whether less restrictive tools suffice.
California recognizes supported decision making agreements as a less restrictive alternative under AB 1663, signed in 2022. For young adults with strong communication skills, mild intellectual disability, or high functioning autism, a supported decision making agreement combined with HIPAA authorization and a financial power of attorney may be sufficient. We always evaluate the least restrictive option that actually protects your loved one.