What is a Limited
Conservatorship?
A Limited Conservatorship is designed as a
protective proceeding for those individuals whose developmental disability
impairs their ability to care for themselves or their property but is not severe
enough to require a full general conservatorship. A limited conservatorship
encourages the maximum self reliance and independence of the limited conservatee
by giving the conservator only the powers over activities that the conservatee
is unable to engage.
"Developmental
Disability" Defined
A developmental disability is one that originates
before the age of 18, is expected to continue indefinitely, and constitutes a
severe disability. Specifically included in the definition are mental
retardation, and related conditions, such as autism, cerebral palsy, and
epilepsy.
Common Questions About
Limited Conservatorships
Does every person with a
developmental disability need a limited conservatorship?
No. A limited conservatorship is not required
merely because a person has a developmental disability. A limited
conservatorship is appropriate only when necessary to protect the well-being of
the individual and is designed to encourage the development of maximum
self-reliance and independence of the individual.
What Alternatives Are
There to a Limited Conservatorship?
If the main objective of the conservatorship is
the management of the funds of a person with a developmental disability, a
Special Needs Trust can often better meet those objectives.
Who Can Establish a
Limited Conservatorship?
A petition for the appointment of a conservator
may be filed by:
·
The proposed conservatee.
·
The spouse of the proposed conservatee.
·
A relative of the proposed conservatee.
·
Any interested public officer or
employee of an interested public agency of California.
·
Any other interested person or friend
of the proposed conservatee.
What are the Duties of a
Limited Conservator?
The limited conservator is responsible for the
limited conservatee's treatment, training, education, medical and psychological
services, and social and vocational opportunity as appropriate and as assists
the limited conservatee in the development of maximum self-reliance and
independence.
What Additional Powers
May the Conservator Request?
A limited conservator does not have any of
the following powers or controls over the limited conservatee unless those
powers are specifically requested and granted by the Court:
·
To select the residence or specific
dwelling of the limited conservatee.
·
Access to the confidential records and
papers of the limited conservatee.
·
To consent or withhold consent to the
marriage of the limited conservatee.
·
The right of the limited conservatee to
contract.
·
The power of the limited conservatee to
give or withhold medical consent.
·
The limited conservatee's right to
control his or her own social and sexual contacts and relationships.
·
Decisions concerning the education of
the limited conservatee.
What Role Does a Regional
Center Play?
Within 30 days after the filing of a petition for
limited conservatorship, a proposed limited conservatee shall be assessed at a
regional center. The regional center shall submit a written report of its
findings and recommendations to the court. While the regional center report is
not binding, it provides the court with guidance about the appropriateness of
the conservatorship.
When Can Proceedings
Begin for a Child?
If the proposed conservatee is a minor, the
petition may be filed so that the conservatorship may be effective immediately
upon the child turning 18.
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