Resources

January 1, 2024

Powers of a Conservator in a Limited Conservatorship

A limited conservatorship in California is a legal arrangement designed to support adults with developmental disabilities who need assistance managing certain aspects of their lives. Unlike a general conservatorship, a limited conservatorship gives the conservator up to seven specific powers necessary to help the individual—the conservatee—while promoting their independence as much as possible. So, what are the 7 powers of conservatorship? The powers involve the authority to manage various aspects of the conservatee’s life, from where they live to medical treatment and even marriage.

At the Law Offices of Jennifer R. Solomon, we understand limited conservatorships are often legally complex and personally sensitive. Established in 2010, we provide personalized legal guidance to individuals and families navigating the conservatorship process. Led by Jennifer Solomon, an attorney with over a decade of experience, we bring a detail-oriented, advocacy-driven approach to each case. We focus on ensuring families obtain the legal protections necessary for their loved ones while preserving their independence. 

What Is a Limited Conservatorship?

A limited conservatorship is a legal arrangement where a court appoints a conservator to assist an adult with a developmental disability in making certain decisions while preserving as much independence as possible. The goal is to provide support only in areas where the conservatee cannot make decisions independently. California law emphasizes that limited conservatorships should only grant necessary powers to protect the conservatee’s rights and freedoms. 

What Is the Role of a Conservator?

A conservatorship involves two people: the conservator and the conservatee. Yet, many wonder, What is the role of a conservator?

A conservator is someone appointed by the court to make specific decisions for an adult with a developmental disability who cannot fully manage their personal or financial affairs. A conservator must act in the best interests of the conservatee while preserving their independence whenever possible. The conservator’s responsibilities vary based on the powers granted by the court, and the court oversees the conservator’s use of those powers.

What Is the Role of a Conservatee?

A conservatee is an individual placed under a conservatorship because they have a developmental disability that significantly impairs their ability to make decisions about their personal or financial affairs. The conservatee retains as many rights as possible, and the court limits a conservator’s powers to only those necessary for the conservatee’s well-being. The conservatee has the right to participate in the legal process, contest the conservatorship if they disagree with it, and request modifications to the arrangement when appropriate.

What Are the 7 Powers of a Conservatorship?

In California, a court may grant a limited conservator up to seven specific powers that allow the conservator to assist with personal and legal matters while ensuring the conservatee retains as much autonomy as possible. A court will only grant the conservator the powers they convince the judge are truly necessary to ensure the conservatee’s health and well-being.

1. Determining the Conservatee’s Residence

The conservator may choose where the conservatee lives—whether with family, in a group home, or another appropriate setting. However, the conservator must always consider the conservatee’s best interests and cannot place them in a locked facility without additional court approval.

2. Access to Confidential Records

The conservator may access and manage the conservatee’s confidential records, including medical, educational, and legal documents. By granting the conservator access to these records, they can make informed decisions on the conservatee’s behalf while maintaining their privacy.

3. Medical Decisions

The court may grant a conservator the power to consent or not to medical treatments, including routine care and procedures. Certain major medical decisions, such as sterilization, require court approval, however.

4. Social and Sexual Relationships

The conservator may limit the conservatee’s social and sexual relationships if necessary to protect them from harm or undue influence. Courts carefully scrutinize this power to balance protection with personal rights, ensuring the conservatee maintains autonomy.

5. Education and Vocational Training

The conservator may make educational decisions for the conservatee, including choosing appropriate schools, special education programs, and vocational training. This power enables the conservator to select an education suited to the conservatee’s abilities and needs, supporting their personal development and future opportunities.

6. Financial Decisions

A conservator may control the conservatee’s financial affairs, including:

• Managing income, 
• Paying bills, and 
• Overseeing government benefits. 

Courts may require special financial oversight to prevent misuse of funds or financial abuse by the conservator.

7. Consent To Marriage

A conservator may approve or deny the conservatee’s right to marry. Because marriage is a significant legal commitment, courts carefully evaluate whether the conservatee understands the responsibilities involved before granting this power to the conservator.

Becoming a Limited Conservator

A person seeking to become a limited conservator must file paperwork with a court that identifies which of the seven powers they are requesting and why. The court evaluates the conservatee’s needs and determines whether each requested power is necessary. The process of obtaining a limited conservatorship involves multiple steps, including:

• Filing a petition, which is a formal legal request to initiate the conservatorship process;
• The court assigns an investigator to review the case, interview relevant parties, and make recommendations about the need for a conservatorship and what powers to grant the conservator;
• A judge evaluates evidence, hears testimony, and determines which powers to grant at a court hearing;
• The court issues Letters of Conservatorship, an official document granting the conservator the legal authority to act on behalf of the conservatee; and
• The conservator submits periodic reports detailing their decisions and actions.

This process involves a judge and a court investigator to ensure the conservatorship is the least restrictive way to protect the conservatee’s rights.

Get Help with Your Limited Conservatorship Case

Navigating the limited conservatorship process can be challenging, especially when balancing legal requirements with the conservatee’s rights and independence. At the Law Offices of Jennifer R. Solomon, we offer tailored, detail-oriented guidance to families seeking conservatorship for their loved ones. Contact our firm today if you need help understanding what powers a conservator may have or how to begin the limited conservatorship process. We offer free 15-minute consultations and serve clients throughout California.