Limited Conservatorship for Adult Children with Disabilities

If your child has a developmental disability, their 18th birthday changes more than you might expect. Doctors, schools and banks may no longer talk to you, and you may not be able to sign for your child the way you always have. A limited conservatorship is the California court process that lets a parent or other family member keep helping, while your child keeps as much independence as possible.

Who this is for

This page is for parents, grandparents, brothers and sisters, and other family members of a young adult with a developmental disability, such as an intellectual disability, autism, cerebral palsy or epilepsy. It is also for families whose child is still a teenager and about to turn 18.

You do not have to wait for the birthday. Planning can start before your child turns 18, and many families begin around 17 and a half, so the paperwork and the assessments are under way by the time their child becomes an adult.

What a limited conservatorship is

A limited conservatorship is a California probate court process for adults with developmental disabilities. The judge appoints a limited conservator, usually a parent, to help with specific decisions the adult cannot make alone. Your child keeps every right the court does not give to the conservator.

The court grants only the powers it finds are needed. In California these can include deciding where the adult lives, access to confidential records, consent to marriage, the right to enter contracts, medical decisions, social contacts and education decisions.

A limited conservatorship is not right for every family. For some, a supported decision-making agreement, a power of attorney or an advance health care directive may be enough. Paul will talk through these options with you first.

The basic steps

1. The petition. The process starts with a petition to the probate court in the county where your child lives, which for most Inland Empire families is the San Bernardino County Superior Court. Close relatives and the regional center receive notice of the petition.
2. The regional center assessment. The regional center that serves your child, Inland Regional Center for most families in San Bernardino and Riverside counties, assesses your child and sends the court a report with its recommendations.
3. The court investigator. A court investigator meets with your child, explains the process and their rights, and reports to the judge. The court also appoints an attorney to represent your child.
4. The hearing. The judge reviews the reports, hears from the family and decides whether to grant a limited conservatorship and which powers to give. If it is granted, you receive Letters of Limited Conservatorship, the document that shows doctors, schools and banks that you can act.

The process can take several months, which is one more reason to start early.

How Paul helps

Paul Hilton knows the limited conservatorship process, and he guides families through it from the first call to the hearing. He will:

• talk with you about your child and whether a limited conservatorship or a less restrictive option fits;
• prepare and file the petition and the notices;
• help you get ready for the regional center assessment and the court investigator;
• prepare you for the hearing and attend it with you;
• coordinate the conservatorship with your own estate plan, including a special needs trust where it helps protect your child's benefits.

Meetings are held by video, so you do not have to travel. Paul serves families in Fontana, across San Bernardino County and the Inland Empire, and anywhere in California.

Fees

For disabled adults. Flat fee from $3,500. Court filing and investigator fees are separate. Paul tells you the full flat fee before any work begins. See all fees.

Talk with Paul

Call (858) 240-6730 to talk about your family's situation. Office hours are Monday to Friday, 9 AM to 5 PM. You can also send a message.

This page is general information, not legal advice. Every family's situation is different, and the court decides each case.