Whether you have a child who is turning 18 or have a loved one who is 18 or older, it is paramount to ensure that they have appropriate care. A limited conservatorship grants a responsible person certain rights to look after a developmentally disabled adult. Limited conservatorships are so-called because they are limited to the extent necessary to protect the limited conservatee (unlike general conservatorships). Most often, the circumstances giving rise to the need to appoint a limited conservatorship are very personal. Sometimes, the decisions of people looking to create the conservatorship can be governed by emotion rather than reason.
At the Law Offices of Jennifer R. Solomon, we recognize how difficult it is to provide the necessary care for an adult who has a developmental disability. Navigating the conservatorship process can be complex, but a limited conservatorship lawyer like Jennifer Solomon can help families understand their rights, file the necessary paperwork, and stay on top of ongoing legal responsibilities. We provide knowledgeable and compassionate guidance, ensuring families take the right steps to secure their loved one’s future.
What Is a Limited Conservatorship?
A limited conservatorship is a legal arrangement in which a court appoints an individual—called a limited conservator—to assist a developmentally disabled adult in making decisions about their daily life. A limited conservatorship grants the conservator fewer powers than a general conservatorship.
The Powers of a General Conservator
The court appoints a general conservator when an individual cannot make personal, medical, or financial decisions due to severe cognitive or physical impairments. A general conservator’s powers include the authority to make decisions related to the following on the conservatee’s behalf:
- Managing healthcare choices and approving medical treatments;
- Managing bank accounts, bills, and investments;
- Signing contracts, initiating or defending lawsuits, and making legal decisions; and
- Determining housing and care facilities, hiring caregivers, and overseeing the conservatee’s general well-being.
Unlike limited conservatorships, general conservatorships grant full decision-making power to the conservator.
The Powers of a Limited Conservator
A limited conservatorship grants the conservator the powers necessary to protect and support the individual while preserving as much of their independence as possible. Limited conservators may have up to seven powers, including:
- Determining where the conservatee lives;
- Accessing confidential records;
- Providing input on or consent to a marriage;
- Manage finances, sign contracts, and oversee spending;
- Making healthcare decisions;
- Limit the conservatee’s social and sexual relationships; and
- Making decisions about the conservatee’s education and job training programs.
A limited conservator may receive one or more of these powers depending on the unique needs of the conservatee.
Who Can Be a Limited Conservator?
A limited conservator is typically a parent, guardian, sibling, or another responsible adult who petitions the court for authority to assist a developmentally disabled adult. Professional conservators or nonprofit agencies may sometimes serve in this role.
Who Can Be a Limited Conservatee?
A limited conservatee is an adult (18 years or older) with a developmental disability that affects their ability to manage personal and financial affairs. Conditions that qualify as developmental disabilities may include:
- Autism,
- Cerebral palsy,
- Epilepsy, or
- Other conditions that cause substantial impairments.
A person has a substantial impairment if they have a condition that began before they turned 18 that significantly limits their ability to do three or more of the following:
- Perform daily tasks such as grooming, dressing, or preparing meals;
- Express thoughts, understand others, or use language effectively;
- Acquire new skills, process information, or adapt to new situations;
- Balance or physically coordinate their movements;
- Decide what to do on a day-to-day basis;
- Live independently; and
- Manage financial affairs.
These impairments must be severe enough to prevent the individual from making informed decisions to qualify as a developmental disability.
Establishing a Limited Conservatorship
A person seeking to establish a limited conservatorship must complete several steps, beginning with filing a request to establish a conservatorship with the court in the county where the proposed conservatee resides.
Then, an investigator appointed by the court will:
- Review the conservatorship case,
- Interview the proposed conservatee and interested parties, and
- Provide a report to the judge assessing whether a limited conservatorship is necessary and what powers should be granted.
The process continues with notifying family members and others who may raise objections to the conservator’s appointment. Then, a judge reviews the petition, holds a hearing, and decides whether to appoint the conservator.
Once appointed, the conservator must comply with ongoing legal obligations, including completing and submitting periodic reports to the court with updates on the conservatee’s:
- Health and well-being,
- Financial status, and
- Any significant decisions the conservator made on the conservatee’s behalf.
A conservatorship attorney can guide you through this process and keep you up-to-date on your reporting obligations.
How a Limited Conservatorship Attorney Can Help
A limited conservatorship attorney ensures the appointment process goes smoothly by:
- Preparing and filing required legal documents;
- Guiding families through court hearings;
- Helping define the appropriate level of conservatorship powers;
- Advising on ongoing legal responsibilities; and
- Advocating for the best interests of the conservatee.
At the Law Offices of Jennifer R. Solomon, we understand the sensitive nature of these decisions. With rational compassion, we help families navigate the process with clarity and efficiency, ensuring their loved ones receive the protection they need while maintaining as much independence as possible.
Let Our Limited Conservatorship Lawyer Guide You Forward
At the Law Offices of Jennifer R. Solomon, we recognize the sensitive nature of situations necessitating conservatorships and the importance of steering our clients to make decisions that are in the best interests of the developmentally disabled adult, the family, and other loved ones. In addition, acting as a conservator involves a number of responsibilities and obligations, and often requires ongoing reporting to the Court and other parties. We pride ourselves on making the process as simple and painless for you as possible, assuring you that you are making the best decisions for your loved one.
In addition to conservatorship matters, our firm also provides dedicated legal support in Social Security Disability cases, helping clients navigate the often-complex application and appeals process to pursue the benefits they need. We also handle criminal defense cases, working to protect our clients' rights and build strong defenses against a wide range of charges.
If you have important legal matters to discuss, don’t wait. Contact us today to get the guidance you need.
