A Limited Conservatorship is another type of formal probate court proceeding where a judge gives a person or organization (called a “Limited Conservator”) specific rights to care for another adult who has a developmental disability (called a “Limited Conservatee”). Limited Conservatorships are established to assist developmentally disabled adults who are unable to provide for some or all of their personal or financial needs.
Similar to general probate Conservatorships, the probate court can appoint a Limited Conservator of the Person, a Limited Conservator of the estate, or both, depending on the Limited Conservatee’s needs.
Under California law, “a Limited Conservatorship may be utilized only as necessary to promote and protect the well-being of the individual, shall be designed to encourage the development of maximum self-reliance and independence of the individual, and shall be ordered only to the extent necessitated by the individual's proven mental and adaptive limitations.”
Limited Conservatorships are so called because they are intended to limit the powers granted to a Limited Conservator to only those powers needed to protect the Limited Conservatee. For instance, a Limited Conservatee (the adult with a developmental disability) may be able to make decisions about where he or she lives but may not be able to make an informed decision about his or her medical treatment. In that case, a Limited Conservator may be given the power to make medical decisions for the Limited Conservatee, but not the power to decide where the Limited Conservatee lives. One of the Limited Conservator’s duties to the Limited Conservatee is to promote the Limited Conservatee’s maximum self-reliance and independence. The Limited Conservatorship is intended to be no more restrictive than necessary to protect the Limited Conservatee.
Very often, the circumstances giving rise to the need for a Conservatorship for a loved one are difficult and this is something we understand. Also, serving as a Conservator involves many duties and responsibilities, and often requires on-going reporting to the Court and other parties. It is important to have an experienced California Conservatorship attorney who specializes in Conservatorship matters to advise you and help you through the process.
Please call (310)392-9677 or e-mail the Law Offices of Karen Knutson for a consultation with one of our experienced Conservatorship lawyers regarding your Conservatorship matter.