The Basics of a Limited Conservatorship

A limited conservatorship in California is when a court has appointed someone to oversee the care of an adult who does not have the ability to fully take care of themselves. If an adult is caring for another adult with special needs, the caregiver can ask a court of law to appoint him or her as a conservator of the person and/or estate.

Limited conservatorship in California is established in cases where the adult to be cared for has a severe or chronic developmental disability that is a result of a mental or physical impairment that started before the age of 18. Qualifying disabilities for a limited conservatorship may include conditions such as cerebral palsy, epilepsy, or autism; they do not include mental illnesses or disabling physical conditions.  A limited conservator is intended to help the conservatee with issues surrounding his or her personal or financial needs.

Limited Conservatorship in California

The law allows setting up a limited conservatorship in California encourages those involved in caring for the conservatee to let him or her be productive, independent, and self-reliant. This is important for a conservator to remember because his or her role is that of an assistant, and they are not supposed to take over and run the conservatee’s life. The law does not consider the conservatee incompetent, and the conservatee actually retains all legal and civil rights, except where the court has awarded the rights to the limited conservator for the protection of the conservatee.

If a court later finds that the conservatee does not need a conservator then the limited conservatorship in California can be terminated. The conservator’s powers can also be reduced or increased as the court sees fit. There is an annual review of the limited conservatorship by the court when the limited conservator is first appointed, and a two-year review thereafter.

There are two kinds of limited conservatorships: limited conservatorship of the person, and limited conservatorship of the estate. In a limited conservatorship of the person, the conservator takes care of the conservatee’s daily personal needs, such as taking care of his or her housing if necessary. In a limited conservatorship of the estate, the conservator takes care of the conservatee’s financial needs, such as collecting the conservatee’s income.

The conservatorship of the estate is more important in cases where the conservatee holds sizable assets, such as in a trust or through an inheritance. If the conservatee’s only income is from public aid, or if the conservatee earns a wage income, then a limited conservatorship of the estate is not necessary.

If you wish to serve as a conservator, you can apply to a court in the county where you live in California, or you can be nominated as a conservator. To apply to the court for conservatorship, you must file several forms with the court, including a petition in which you must explain to the court why conservatorship is necessary, and why no other options can help.

Low-Cost Help Establishing a Limited Conservatorship in California

Avoid the high cost of attorney’s fees typically associated with establishing a limited conservatorship and contact A People’s Choice for low-cost legal document help. Although we cannot give legal advice, A People’s Choice can help you in preparing all the required legal documents to help you set up a limited conservatorship in California without having to hire a lawyer.