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Limited Conservatorship

Orange County Limited Conservatorship

Understanding Conservatorship Options in California

Once children reach the age of 18, they are considered adults and generally do not need to abide by their parents’ wishes. This is especially important for families who have children with special needs and who are currently receiving behavioral therapy.

If your child is 18 and has a developmental disability, a limited conservatorship may be the correct legal tool to facilitate his or her daily activities and/or financial needs. Mortensen & Reinheimer, PC can help. Call us at (714) 384-6053 or contact us online to schedule a consultation with an Orange County limited conservatorship attorney at our office.

Are you looking to establish a limited conservatorship in California? Call Mortensen & Reinheimer, PC today at (714) 384-6053 or contact us online to schedule a meeting with our guardianship attorney in Orange County! 

What is Limited Guardianship in Orange County?

A limited conservatorship is a court order that appoints a person as the limited conservator for the limited conservatee. The limited conservator is usually a family member or a private professional fiduciary. The limited conservatee is the individual who is 18 and has a developmental disability.

Understanding Developmental Disabilities

Developmental disabilities include the following:

  • Autism Spectrum Disorder
  • Intellectual Disability
  • Epilepsy
  • Cerebral Palsy
  • Down’s Syndrome

Types of Limited Guardianship: Person and Estate

The two types of limited conservatorships are:

  1. A limited conservator of the person assists in the limited conservatee’s personal needs, including: execution of contracts, consenting to medical treatment, reviewing mail, medical records, confidential papers, education, residence, controlling social and sexual contacts, and marriage
  2. A limited conservator of the estate assists in the limited conservatee’s financial needs, including: paying bills, locating and taking control of assets, collecting income, making a budget, investing, inventorying assets to court, and accounting

General vs. Limited Guardianship: Making the Right Choice

Unlike a general conservatorship, the powers above, along with others if necessary, need to be requested specifically with the court in order to be granted. Also, the purpose of a limited conservatorship is to provide maximum self-reliance and independence to the limited conservatee.

Optimally, it is best to begin the limited conservatorship process before the child reaches the age of 18 so the procedure can be introduced and discussed with the child and so behavioral therapy can continue without interruption. However, it is never too late to obtain a limited conservatorship for the betterment of your child.

Contact Us to Start Your Limited Guardianship Process

If you believe you are in need of a limited conservatorship for the benefit of your special needs child, please contact Mortensen & Reinheimer, PC at (714) 384-6053 or weily@ocestateplanning.net. During a consultation with one of our attorneys, you will receive the advice and guidance you need to make your next moves.

Get in Touch with Our Orange County Guardianship Team Today to schedule a consultation by calling! 

Commonly Asked Questions

What are the benefits of establishing a limited guardianship?

Establishing a limited guardianship provides numerous benefits for families with children who have developmental disabilities. It allows for tailored support that respects the individual’s autonomy while ensuring they receive necessary assistance in daily activities and financial management. This legal arrangement can help facilitate access to medical care, education, and social opportunities. Additionally, having a limited conservator can ease the burden on families, ensuring that their loved ones are cared for in a structured and supportive environment.

Can a limited conservatorship be modified or terminated in the future?

Yes, a limited conservatorship can be modified or terminated if circumstances change. If the conservatee's needs evolve or if they demonstrate increased independence, it may be appropriate to request a modification of the conservatorship terms. Similarly, if the conservatee no longer requires assistance, a petition can be filed to terminate the conservatorship altogether.

How does the process of obtaining a limited conservatorship work in California?

The process of obtaining a limited conservatorship in California involves several steps. First, you must file a petition with the court, detailing the reasons for the conservatorship and the specific powers you are requesting. This includes providing evidence of the developmental disability of the individual in question. After filing, a court hearing will be scheduled where you can present your case. It’s essential to have legal guidance throughout this process to ensure all paperwork is correctly completed and to navigate any potential challenges.

What sets us apart?

  • We handle each case on a one-on-one basis and explore all possible options with you.
  • We strive for excellence. Our knowledgeable and courteous staff work hard so that you don't have to.

  • With 75+ years of combined experience, we've handled cases of all types and can confidently help you.

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