A limited conservatorship refers to a legal proceeding in which a judge appoints an individual to care, and make decisions, for a developmentally disabled adult. The appointed individual is the conservator, and the adult with the disability is the conservatee.
There are two types of limited conservatorships. Because of the responsibilities related to the role as the conservator, the judge outlines specific decisions that he or she can make.
Types of limited conservatorships
According to the California Courts, there is a limited conservatorship of the person and a limited conservatorship of the estate. A conservator of the person is responsible for caring for the conservatee’s daily needs. A conservator of the estate is responsible for the financial matters of the conservatee.
Decisions a conservator can make
According to the Superior Court of California, County of Santa Clara, a conservator does not have unlimited decision-making power. The judge outlines the decisions the conservator can make, and they only regard things the conservatee is unable to do on his or her own. Some decisions a judge may allow include:
- Living arrangements
- Contract signing
- Educational decisions
- Medical decisions
- Marriage decisions
The court will assign an investigator to check up with the conservatee, and the court will supervise the conservator to ensure he or she is not overstepping bounds.
Individuals who can apply to be a conservator
The court can appoint any adult to be the conservator, although it is often a parent or sibling of the disabled individual. There can also be more than one conservator, and it is not uncommon for the court to appoint one individual for conservator of the estate and one for the person.