What is a limited conservatorship in California?

It’s a court process that appoints a responsible adult (the conservator) to help an adult with developmental disabilities make certain decisions. The court tailors the powers—such as medical consent or education—so the person keeps as much independence as possible.

Who qualifies for a limited conservatorship?

Adults age 18+ with a qualifying developmental disability under the Lanterman Act (e.g., autism, intellectual disability, cerebral palsy, epilepsy, Down syndrome) who need help with specific areas of life. Regional Center involvement and a capacity assessment are typically required.

Do we have to work with a Regional Center first?

Yes. California probate courts expect the proposed conservatee to be a Regional Center consumer or to be evaluated through the Regional Center as part of the process. The Regional Center provides reports and recommendations to the court.

What powers can the court grant in a limited conservatorship?

The Probate Code allows up to seven limited powers, including medical consent, education, residence, contracts, social/sexual decisions, access to confidential records, and control of marriage. The judge grants only those that are necessary.

How long does the process take?

Time varies by county, but plan on several months. Petitions require notice, a court investigator’s report, Regional Center input, and a hearing before the judge can issue Letters of Conservatorship.

Are there alternatives to a limited conservatorship?

Yes. Depending on capacity, consider supported decision-making, powers of attorney, Advance Health Care Directives, representative payee arrangements, and special needs trusts. Courts favor the least restrictive option that still protects the individual.

Can the conservatorship be changed or ended?

Yes. The court can modify or terminate if circumstances change or if the conservatee gains skills. Annual reviews and accountings help ensure the arrangement remains appropriate and narrowly tailored.

What is Estate Planning?

Estate planning lets you control how your assets are handled and who makes financial and medical decisions if you are unable to. In California, a complete plan often includes a living trust, a will (pour-over will), durable powers of attorney, and an advance health care directive.

What happens if I die without a will in California?

If you die without a will, California’s intestacy laws decide who inherits (spouse, children, etc.). The distribution may not match your wishes and usually requires probate. A will or living trust lets you choose who receives what and who is in charge.

What’s the difference between a will and a living trust?

A will states your wishes and must go through probate. A living trust holds your assets during life and can pass them to your beneficiaries without probate, often faster and more privately, and can add protections and instructions over time.

Do I need a lawyer to make a will in California?

Not legally, but self-drafted wills are often invalid or incomplete if they miss California’s requirements (e.g., proper signatures/witnesses). An attorney helps ensure the documents meet state law and do what you intend.

Can my estate avoid probate?

Yes. A properly funded living trust, beneficiary designations, joint ownership, and pay-on-death accounts can help avoid probate. Some smaller estates may qualify for simplified procedures under California law.

Why do I need a power of attorney and an advance health care directive?

A durable power of attorney lets someone you trust handle finances if you cannot. An Advance Health Care Directive appoints a medical decision-maker and outlines your treatment preferences so doctors and family have clear guidance.

Do I have to update my plan after life changes?

Yes. Review your plan after major events like marriage, divorce, the birth of a child, buying or selling property, moving, or changes in tax and estate laws. Many families review every 2–3 years.

Limited Conservatorships in California

Guidance for California Limited Conservatorships

We help families protect the rights and well-being of adults with developmental disabilities through personalized, compassionate legal guidance every step of the way.

What Is a Limited Conservatorship and Why It Matters

A Limited Conservatorship is a legal arrangement in California designed to help adults with developmental disabilities live as independently as possible while receiving the support they need. Unlike a general conservatorship, it grants only specific powers to the conservator, allowing the conservatee to retain important rights and freedoms.

It matters because it provides a safeguard for vulnerable adults, ensuring that decisions about their health, finances, and daily life are made by someone who genuinely has their best interests at heart. Whether you’re a parent preparing for your child’s adulthood or a family member stepping in to help, a Limited Conservatorship can offer peace of mind and legal protection for your loved one’s future.

In California limited conservatorships, the court must get an expert report from the local Regional Center within 30 daysof filing. That report helps the judge decide which of the seven specific powers (e.g., medical consent, education, residence, contracts, social/sexual contacts, marriage/domestic partnership, driver’s license) actually need to be limited—so the order is as narrow as possible.

Who This Helps

Estate planning benefits more than “the wealthy.” If you want your family protected and your wishes honored, this is for you.

Parents of Minor Children

Ensure your children are cared for by the people you trust most and that their inheritance is managed wisely.

Families with Special Needs Members

Ensure your children are cared for by the people you trust most and that their inheritance is managed wisely.

Homeowners & Property Owners

Avoid probate, reduce delays, and ensure your real estate passes smoothly to your loved ones.

Blended Families

Make sure assets are distributed fairly and according to your wishes in situations with stepchildren or multiple marriages.

Retirees & Seniors

Preserve assets, plan for healthcare needs, and reduce stress for your family as you age.

Why Choose Nickerson Law

Personalized Approach

Every family’s situation is unique, so your plan will be tailored to your needs.

Protection for Your Loved Ones

We make sure your family’s future is safe and your wishes are respected.

Decades of Legal Experience

We’ve been guiding families through estate planning and probate for years.

What Clients are Saying

Real feedback from families we’ve helped across the Inland Empire.

“Far exceeded my expectations!! Professionalism top notch!! Continually made us feel like we were VIP clients!!!”

- James, Temecula

“Working with this law firm made it so easy and stress free with our son’s conservatorship and estate trust. Highly recommend Jeffrey’s team to get what you need done. Jeff and Michelle Creager.”

- Jeff, Wildomar

“With Nickerson Law you are taken care of. They have the old school honesty, that comes from the heart. Thank you for everything! God Bless you and your family!”

- C Oettle, Murrieta

Ready to Protect Your Family’s Future?

Get started today with a personalized estate plan that fits your family’s needs.

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Frequently Asked Questions

Here’s what California families most often ask before choosing a limited conservatorship

What Makes Limited Conservatorship Different From Other Types?

Only a limited conservatorship is tailored for adults with developmental disabilities; the court grants only the specific powers needed, such as medical consent or education decisions, rather than broad authority.

Who Decides if Someone Qualifies as Developmentally Disabled?

California law requires the Regional Center to evaluate and confirm if the proposed conservatee meets the definition, such as having autism or an intellectual disability, before the court can approve the limited conservatorship.

What are the “Seven Powers” a Conservator Might Have?

The court may grant powers related to residence, record access, marriage consent, contracts, medical decisions, social/sexual contacts, and educational choices, only as needed.

Can the Conservatee Name Who They Want as Conservator?

Yes, by law the judge must honor the conservatee’s written preference unless it conflicts with their best interests, in which case the court has an order of preference among close family or alternatives.

How does the Court Ensure this is the Least Restrictive Option?

Limited conservatorships must be designed to promote maximum self-reliance and independence for the conservatee, and judges review options before granting any powers.

What’s Involved in Starting a Limited Conservatorship?

You’ll need to file a petition and several confidential forms with the probate court, and the court investigator and Regional Center will participate in reviewing the case.

Can this Conservatorship be Reviewed or Ended Later?

Yes. Each limited conservatorship can be periodically reviewed, and if the conservatee’s condition improves, the court may modify or terminate the conservatorship.

Limited Conservatorship Insights

Learn more with our latest articles and guides to help you make informed decisions for your family’s future.

Why you NEED a Regional Center to qualify for a Limited Conservatorship

In California, a loved one must be a consumer of a Regional Center before they can qualify for a limited conservatorship. These centers not only confirm eligibility but also provide vital lifelong resources, making it essential to begin that process before petitioning the court.

What We Can Learn from Britney Spears and Her 10 Year Conservatorship

The highly publicized conservatorship of Britney Spears shows how a court can appoint someone to make financial and personal decisions when an individual cannot do so themselves. While her case involves a probate conservatorship with broad control, it highlights the importance of understanding different types of conservatorships—such as limited conservatorships—and taking steps to ensure a loved one’s needs are met under California law

California Self-Determination Program for Special Needs Families

California’s Self-Determination Program gives families of individuals with developmental disabilities more control over the services and supports they receive, allowing them to choose what’s provided, who provides it, and how it’s delivered. For families considering a limited conservatorship, this program can be an important tool in creating a personalized plan that aligns with their loved one’s goals, independence, and quality of life.

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Whether you’re protecting your children, preparing for retirement, or making sure your wishes are honored, the right plan makes all the difference.

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