As your child who has a developmental disability reaches the age of 18, it marks a significant milestone. Under California law, however, this also means they legally assume full decision-making authority.
It is understandable for you to feel anxious about how you can continue supporting your child’s medical, financial and personal well-being. Below is an option worth considering.
How does a limited conservatorship work?
A limited conservatorship allows a parent or another responsible adult to make certain legal decisions for an adult child with a developmental disability. The court gives this authority only in the areas where the person needs help, so they keep control over other aspects of their life.
To qualify, your child must be at least 18 and must have a developmental disability that began before that age, is likely continue and creates a substantial limitation. These conditions may include intellectual disability, cerebral palsy, epilepsy and autism.
Which powers does the court grant?
California’s Probate Code identifies the following specific powers that a court may grant:
- Fixing the conservatee’s residence or living arrangements
- Accessing the conservatee’s confidential records
- Giving consent to or refusing medical treatment on the conservatee’s behalf
- Entering into contracts for the conservatee
- Granting or denying consent to the conservatee’s marriage or registered domestic partnership
- Managing the conservatee’s social and sexual relationships
- Making decisions about the conservatee’s education
The court does not grant all seven powers automatically. Instead, it reviews the circumstances and assigns only those that the situation calls for.
How does the petition hearing work?
You start by filing a petition for limited conservatorship in the probate court for the county where your child lives. In that petition, you name yourself as the proposed conservator and list the specific powers you want the court to grant.
After you file, you must personally serve your child with a legal notice. You will also need to mail this to certain family members and the appropriate agencies. If your child does not have an attorney, the court will assign one to them.
Next, you must provide a copy of your petition and notice to the regional center, which is legally required to assess your child’s abilities and the level of support they need. An investigator then meets with both you and your child and prepares a report with recommendations for the judge.
At the hearing, the judge reviews the petition along with the regional center’s assessment, the investigator’s report and any other relevant evidence and makes a decision accordingly.
Continuing obligations after appointment
A court order granting a conservatorship does not mark the end of the process. After appointment, you take on duties that remain under court oversight throughout the arrangement.
You will need to provide the court with periodic status reports that describe your child’s living situation, health and general well-being. These updates give the judge a continuing record of how the arrangement operates and whether it still fits your child’s circumstances.
A court investigator also completes regular reviews and usually meets with both you and your child. These meetings help confirm that your child’s rights remain protected and that the conservatorship continues to meet their needs.