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What is a Limited Conservatorship?

There are several types of conservatorships, one of which is a limited conservatorship. These types of conservatorships are set up for an individual who is developmentally disabled and unable to provide for his or her personal needs and/or financial affairs. Developmental disabilities include such conditions as autism, cerebral palsy, and mental retardation that was diagnosed before the individual’s 18th birthday.

Many disabled people can do certain things on their own and do not need a regular conservatorship. With a limited conservatorship, the Court has the authority to give the conservator some or all of the following limited powers: determining where the conservatee will live, giving or withholding of medical treatment, determining the ability of the conservatee to contract, controlling social and sexual relationships, giving or withholding of consent to marry, and making decisions about education. The limited conservator also can be granted the authority to see the conservatee’s private papers and records and manage their finances.

Limited conservators are usually the parents or siblings of the conservatee but the Court can appoint other interested persons who petition the Court. Once a conservator is appointed, he or she will take care of the conservatee’s food, shelter, clothing, and medical treatment and if appointed conservator of the estate of the conservatee, will also manage that person’s assets, collect income, and pay the bills.

In San Diego, the San Diego Regional Center is notifed of the petition for limited conservatorship and will conduct an interview and prepare a report for the Court. In addition, the court appoints an attorney for the proposed conservatee to protect his or her interest.

Once the limited conservatorship is established, it is supervised by the Court, within one year of the appointment and thereafter, every two years. Limited conservatorships can be terminated if the conservatee dies or the conservatee becomes able to take care of himself.

For more information or to schedule an appointment for a limited conservatorship, please contact us. Your intitial consultation is complimentary.

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