Your child with a developmental disability is turning 18: limited conservatorship and its alternatives
At 18, every Californian becomes a legal adult. Parents lose the automatic right to see medical records, talk to schools, or sign on their child's behalf. For families of a young adult with a developmental disability, that birthday raises a real question: what legal arrangement, if any, is needed?
What a limited conservatorship is
A limited conservatorship is designed for adults with developmental disabilities. Unlike a general conservatorship, the judge grants only the specific powers the person actually needs, and the young adult keeps every other right. The California law lists seven powers a court can grant, including deciding where the person lives, accessing confidential records, consenting to medical treatment, managing financial affairs, and making decisions about education and social contacts.
The regional center's role
When a limited conservatorship is requested, the local regional center assesses the proposed conservatee and reports to the court. In Orange County that is the Regional Center of Orange County. The court will also appoint a lawyer for the young adult.
Consider the alternatives first
Many young adults can sign simpler documents with support, and courts now must consider these options:
- Supported decision making agreement. The young adult chooses trusted people to help them understand and make decisions.
- Durable power of attorney and advance health care directive, if the young adult understands what they are signing.
- Authorization forms for medical records and school records, and an authorized representative for benefits.
- A special needs trust for inheritances, so the young adult does not lose public benefits.
When to start
Begin about six months before the 18th birthday. That leaves time to decide which approach fits, prepare documents or a petition, and have the regional center assessment completed.
Every young adult is different. The right plan protects your child where protection is truly needed, and leaves them as much independence as possible everywhere else.