Resources

January 1, 2024

What’s the Difference Between Conservatorship and Limited Conservatorship?

Caring for a relative who can’t manage their affairs on their own can be physically and emotionally challenging for their loved ones. If you have an adult family member with a developmental disability or an aging parent who can no longer handle their personal or financial matters, you may be considering a conservatorship to ensure they have the support they need. 

However, conservatorships are not one-size-fits-all arrangements. California law offers several ways of establishing this kind of relationship, each serving a different purpose and providing a distinct level of authority over your loved one’s life. 

This blog post will discuss the differences between two primary structures for conservatorships families should know about: limited conservatorship vs. conservatorship in general. Understanding these two arrangements’ distinct purposes, powers, and processes is crucial for making informed legal decisions about protecting your loved one’s best interests.

What Is a Conservatorship?

A conservatorship is a legal arrangement in which a court appoints an individual to manage the personal and/or financial affairs of another person who cannot do so themselves. The person appointed to oversee these matters is called a “conservator.” The person who receives this help is known as a “conservatee.”

When a conservator has broad legal authority over an adult conservatee’s personal and/or financial decisions, this is called general conservatorship. In California, general conservatorships are often used to assist adults who have become incapacitated due to age, illness, or injury. 

For instance, consider an elderly parent with advanced dementia. Since they cannot make sound decisions about their health, finances, or personal care, a general conservatorship could allow a child or trusted caretaker to become a conservator and holistically manage all aspects of their daily life. The conservator’s goal is to help make responsible decisions about their conservatee’s health, finances, or personal care if they are no longer able to themselves.

Types of Conservatorship in California

Conservatorships in California cover two broad areas of concern in your loved one’s life.

First, there are conservatorships “of the person.” In these situations, the conservator manages the conservatee’s care and protection. This can include handling personal needs, like:

• Healthcare,
• Housing, 
• Transportation,
• Nutrition, 
• Clothing, and 
• Hygiene.

Then, there are conservatorships “of the estate.” In this arrangement, the conservator exclusively manages the conservatee’s financial affairs. These activities could include:

• Paying bills,
• Managing investments,
• Protecting assets, and
• Handling tax matters.

A court may appoint one person to handle both roles or choose separate individuals for the different matters. 

What Is a Limited Conservatorship?

A limited conservatorship is a specific legal arrangement designed to help individuals who need assistance managing their personal or financial affairs but can still make certain decisions independently. Families can use limited conservatorships to support adults with developmental disabilities, such as autism, cerebral palsy, or Down syndrome. 

Unlike general conservatorships, which grant broad control over a person’s life, limited conservatorships are tailored to meet the conservatee’s specific needs.

Under California law, a limited conservator may be granted authority only in the following seven areas:

• Education and vocational training—deciding where the conservatee will go to school or receive job training;
• Medical care—making decisions about the conservatee’s healthcare and medical treatment;
• Residence—deciding where the conservatee will live;
• Marriage and relationships—consenting to or preventing the conservatee from marrying;
• Social and sexual relationships—limiting or approving the conservatee’s relationships;
• Contracts—entering into or managing contracts on behalf of the conservatee; and
• Confidential information—accessing the conservatee’s confidential records and papers.

A court could grant a limited conservator the power to direct a conservatee in some or all of these areas. However, anything beyond the court’s approval is outside the conservator’s control. The goal of the arrangement is to provide necessary assistance to a conservatee while preserving as much of their independence as possible. 

For example, imagine the parents of a 30-year-old individual with autism are considering a conservatorship for their son, who needs help managing medical care and financial decisions. Since their son can handle social relationships and day-to-day personal care, a limited conservatorship seems appropriate. This arrangement allows the conservator to assist with healthcare and finances without diminishing the conservatee’s ability to make independent decisions in other areas of life.

Establishing a Limited Conservatorship vs. Conservatorship in California 

The legal processes for obtaining a limited or a general conservatorship in California are similar. Here is an overview of the steps involved:

• Petition. A proposed conservator or relative files a petition with the court.
• Notice and investigation. The court will notify the proposed conservatee and conduct an investigation into their needs and the proposed conservator’s qualifications.
• Regional center evaluation. For a limited conservatorship, the proposed conservatee will undergo an evaluation at a California Department of Developmental Services regional center to determine the nature and extent of their developmental disability. General conservatorships do not require this step.
• Hearing. The court will hold a hearing to deliberate the appropriateness of the conservatorship and which powers to grant in the case of a limited conservatorship. The proposed conservatee attends and has the right to object. 
• Appointment and ongoing reporting. Once appointed, the conservator may be required to provide regular reports to the court. Limited conservatorships typically involve less reporting than general conservatorships.

Establishing a conservatorship can be complex, especially when trying to balance legal authority with the conservator’s independence. Consulting with an experienced attorney is essential to understanding the different types of conservatorship and ensuring that the arrangement is structured appropriately to meet your loved one’s needs.

Compassionate Guidance for Your Loved One’s Future

At the Law Offices of Jennifer R. Solomon, we understand how emotional and challenging it can be to arrange care for a loved one. Whether you’re considering a limited conservatorship for an adult with developmental disabilities or a general conservatorship for an aging parent, our team is here to guide you through the legal process with care.

We recognize that decisions surrounding conservatorships are often influenced by emotion. Our goal is to provide you with rational compassion—a balance of emotional sensitivity and practical guidance—to help you make decisions that are in the best interest of your loved one.

If you’re considering taking this next step to secure your loved one’s care in California, contact the Law Offices of Jennifer R. Solomon today to schedule a consultation. We’ll help you determine the best path for you and your loved one.