Orange County Limited Conservatorship

At Mortensen & Reinheimer, PC, we understand the challenges and complexities families face when it comes to making decisions on behalf of a loved one who can no longer fully care for themselves. In Orange County, limited conservatorships are a critical legal tool that allows for the protection and management of individuals who are unable to make decisions about their personal, financial, or medical care due to disabilities, age, or incapacity, while still allowing them to maintain as much independence as possible.

If you are considering or are in the process of establishing a limited conservatorship for a family member, our experienced OC limited conservatorship attorneys are here to help guide you through this often-complicated legal process. With our expertise and compassionate approach, we will ensure that your loved one's rights are protected and that their well-being is at the forefront of every decision made.

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 legal arrangement in California where a judge appoints a conservator to help an individual, known as the "conservatee," with specific decisions and activities while still preserving as much of their independence as possible. Unlike general conservatorships, which grant broader powers, limited conservatorships are designed for individuals who are able to make some decisions but may need assistance with others.

Limited conservatorships are often used for individuals with developmental disabilities, mental health challenges, or other conditions that affect their ability to manage certain aspects of their lives. The conservator is typically a trusted family member, but it can also be a professional if the family is unable to take on the role

Understanding Developmental Disabilities

Developmental disabilities include the following:

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

Why is a Limited Conservatorship Important?

A limited conservatorship ensures that an individual who is unable to care for themselves fully can still have control over their life in areas where they are capable. It is also a legal safeguard to ensure the person’s well-being by having a trusted individual appointed to make important decisions on their behalf. A conservatorship also prevents exploitation or neglect by ensuring the person is cared for and their finances or healthcare are managed properly.

For families, it can be a difficult decision to make, but establishing a limited conservatorship is often a crucial step toward securing a loved one’s future. It provides the support they need while preserving their dignity and independence.

How Does a Limited Conservatorship Work?

In a limited conservatorship, the court grants specific powers to the conservator to make decisions on behalf of the conservatee. These powers may include, but are not limited to:

• Personal Care Decisions: This includes making decisions related to where the conservatee lives, who they associate with, and their general well-being.
• Medical and Healthcare Decisions: The conservator may be given the authority to make healthcare decisions, including consenting to medical treatments or arranging for healthcare services.
• Financial Decisions: The conservator may be given authority over managing the conservatee's finances, paying bills, and ensuring their financial stability.
• Legal Decisions: The conservator may be granted the power to handle certain legal matters on behalf of the conservatee.

Unlike a general conservatorship, a limited conservatorship only gives the conservator authority over the areas that the conservatee needs assistance with, allowing the conservatee to maintain as much independence as possible in the areas they can manage themselves.

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.

The Process of Establishing a Limited Conservatorship in Orange County

The process of setting up a limited conservatorship involves several steps:

• Petition for Conservatorship: A family member or other interested party must file a petition with the court to establish the limited conservatorship. This petition outlines the reasons for the conservatorship and the specific areas in which the conservatee needs assistance.
• Court Investigation: Once the petition is filed, the court will appoint an investigator to review the situation. This may include interviewing the conservatee, family members, and others involved in the conservatee's life. The investigator’s report helps the court determine whether a conservatorship is in the best interest of the individual.
• Court Hearing: After the investigation, a court hearing will be scheduled where all parties can present their case. If the judge agrees that a limited conservatorship is necessary, they will grant the petition and officially appoint the conservator.
• Ongoing Oversight: After the conservatorship is established, the conservator will be responsible for reporting back to the court on the conservatee’s well-being and any major decisions made. This ongoing oversight ensures that the conservatorship remains in the best interest of the individual.

Our limited guardianship attorneys in Orange County will guide you through each of these steps, ensuring that all necessary documentation is filed and that you understand the responsibilities you are taking on as a conservator.

Why Choose Mortensen & Reinheimer for Your Conservatorship Needs?

At Mortensen & Reinheimer, PC, we understand that navigating the guardianship process can be complex and emotionally challenging. Our dedicated team of legal professionals is committed to providing compassionate support and expert guidance tailored to your unique situation. Here are several reasons why choosing us for your guardianship needs can make all the difference:

• Personalized Legal Strategy: We take the time to understand your specific circumstances and goals, crafting a personalized legal strategy that aligns with your family's needs.
• Experience in Guardianship Law: Our extensive experience in guardianship law ensures that you receive knowledgeable and effective representation throughout the entire process.
• Transparent Communication: We prioritize clear and open communication, keeping you informed at every step and ensuring you have all the information you need to make informed decisions.
• Comprehensive Support: Beyond legal representation, we provide resources and referrals to support services that can assist your family, ensuring a holistic approach to guardianship.
• Commitment to Your Peace of Mind: Our ultimate goal is to alleviate your stress and provide peace of mind during a challenging time, allowing you to focus on what truly matters—your loved ones.

Choosing the right legal partner can significantly impact the guardianship process. At Mortensen & Reinheimer, PC, our Orange County limited guardianship lawyers are here to guide you every step of the way. Contact us today to discover how we can assist you in securing the best outcome for your family.

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!