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Limited Conservatorship
Legal/Rights§ 01 — Definition
A limited conservatorship is a narrowed form of conservatorship designed for adults with developmental disabilities who can handle much of their own life but need help in specific areas. Because it starts from the presumption that the conservatee keeps every right not expressly transferred, it is the least restrictive court option in states that offer it. California is the clearest example: autism is a defined developmental disability under its Probate Code, and a limited conservator of the person may be granted only the powers specifically requested and approved, drawn from seven enumerated under Probate Code section 2351.5 — fixing the conservatee's residence; access to confidential records and papers; consent to marriage or a registered domestic partnership; the right to contract; giving or withholding medical consent; control of social and sexual contacts and relationships; and decisions about education. A California petition runs through three stages: filing, an investigation involving a court investigator, court-appointed counsel for the proposed conservatee, a physician, and the regional center, and then a hearing that issues Letters of Conservatorship.
§ 02 — Why it matters for benefits
Asking for all seven powers when your adult child only needs help with medical consent and contracts removes rights they were exercising fine. Courts increasingly expect petitioners to justify each power, and a narrow petition is both more likely to be granted and better for the person it concerns.
