Special needs planning
A limited conservatorship can give a trusted person carefully defined authority to assist an adult with a developmental disability while protecting independence.
Families sometimes call this a special needs conservatorship. Under California probate law, the formal term is generally limited conservatorship, available for eligible adults with developmental disabilities. It is not an automatic consequence of turning 18 or receiving a diagnosis.
The court considers the adult's actual abilities, preferences, supports, and less restrictive alternatives. When a limited conservatorship is necessary, the order specifies only the powers justified by the evidence.
Parents caring for a young adult with autism, intellectual disability, or another qualifying developmental disability often have questions about healthcare decisions, education, access to records, residence, and the legal transition at 18.
A limited conservatorship is meant to support the person's maximum self-reliance and independence. Some adults can make decisions with help, and supported decision-making or other alternatives may be sufficient.
The court can grant a limited conservator up to seven specifically requested and necessary powers, relating to:
These powers are not automatically granted. The court considers each individually. If an adult has significant assets outside public benefits or a special needs trust, the family may also need advice about a limited conservatorship of the estate.
We assist with evaluating need and alternatives, preparing petitions and supporting materials, hearings, contested appointments, and questions about the scope of limited-conservator powers. Our goal is careful protection without unnecessarily restricting the adult's rights.