A conservatorship for special needs adults in California is a court order that gives a family member or other appointed person legal authority to make specific personal, medical, or financial decisions for an adult who cannot make them alone. For most families of adults with autism, intellectual disabilities, cerebral palsy, or epilepsy, the relevant version is a limited conservatorship, which transfers only the powers the person actually needs help with and leaves everything else in the adult’s own hands. California law requires the least restrictive arrangement that works, and judges expect you to show that simpler tools were tried or seriously considered first.
What a Limited Conservatorship Covers
A limited conservatorship exists specifically to promote self-reliance and independence for adults with developmental disabilities. The conservatee keeps every right that the court order does not explicitly hand to the conservator.1California Legislative Information. California Probate Code 1801 – Persons for Whom Conservator May Be Appointed
Under Probate Code 2351.5, a court can grant a limited conservator seven possible powers, and only the ones the petition asks for and the judge finds necessary:2California Legislative Information. California Probate Code 2351.5
- Deciding where the conservatee lives
- Accessing the conservatee’s confidential records and papers
- Consenting to or withholding consent for marriage or a domestic partnership
- Managing the conservatee’s ability to enter into contracts
- Giving or refusing medical consent
- Overseeing social and sexual contacts
- Making decisions about education
A court can grant just two of these, or all seven, depending on what the evidence shows. A young adult who handles friendships and daily routines well but cannot understand a contract or a treatment consent form may end up with a conservator who has authority over contracts and medical decisions and nothing else.
Every petition for a limited conservatorship triggers an assessment by the Regional Center, the state-funded agency that serves people with developmental disabilities. The Regional Center evaluates the proposed conservatee, describes the nature of the disability, identifies what assistance the person needs, and recommends which specific powers, if any, should be granted. That report has to be delivered to the court within 30 days of filing the petition.
When a General or LPS Conservatorship Fits Instead
Not every situation involving a special needs adult calls for a limited conservatorship. A general conservatorship under Probate Code 1801 is the broadest option and is used when an adult cannot manage personal care, finances, or both at all.1California Legislative Information. California Probate Code 1801 – Persons for Whom Conservator May Be Appointed Courts see general conservatorships in cases of traumatic brain injury, advanced degenerative disease, and severe cognitive impairment. Because the restrictions on autonomy are much wider, judges require stronger evidence: medical evaluations, expert testimony, and accounts from family members or caregivers describing daily functioning.
An LPS conservatorship, named for the Lanterman-Petris-Short Act, is a separate track for adults who are “gravely disabled” because of a mental health disorder, a severe substance use disorder, or both, meaning they cannot provide for their own food, clothing, shelter, personal safety, or necessary medical care.3California Legislative Information. California Welfare and Institutions Code 50004California Legislative Information. California Welfare and Institutions Code 5008 LPS conservatorships allow involuntary psychiatric treatment, including hospitalization and medication, and are usually initiated by a public guardian or mental health professional rather than a family member. They expire after one year and must be renewed. The conservatee can contest the petition and request a jury trial.
Alternatives You Must Consider First
California law now requires the petition itself to explain what alternatives to conservatorship were considered and why they did not work.5California Legislative Information. California Probate Code 1821 Skipping that section will slow the case down. The California Department of Developmental Services recognizes several alternatives, and for many families a combination of them handles the whole picture without a court proceeding:6California Department of Developmental Services. Conservatorship and Alternatives to Conservatorship
- A power of attorney lets the adult designate someone to make financial or personal decisions on their behalf. It has to be signed while the person still has the mental capacity to understand what they are authorizing, which for many families means acting during the teen years before capacity questions become urgent.
- An advance health care directive names a healthcare agent and records treatment preferences.
- A supported decision-making agreement lets the person with a disability keep decision-making authority while designating trusted supporters who help them understand options and communicate choices. California’s conservatorship petition form now asks directly whether this was tried.
- A representative payee is appointed by the Social Security Administration to manage a person’s SSI or Social Security benefits. No court is involved, and the authority is limited to those federal benefits.
- An authorized representative can act for the person in other government benefit programs.
A power of attorney for finances, a healthcare directive, and a representative payee for Social Security often cover everything an adult child needs without the cost, delay, or rights restrictions of conservatorship. The conservatorship path makes more sense when the person never had the capacity to sign these documents, or when needs are complex enough that ongoing court oversight adds real protection.
Who Qualifies
A developmental disability diagnosis by itself does not justify a limited conservatorship. The court looks at which specific tasks the person can handle independently and where they need support, then tailors the grant of powers to match. Isolated incidents of poor judgment are not enough; the statute says substantial inability cannot be proved that way alone.
For a general conservatorship, the petitioner has to show that the adult cannot provide for their own physical health, food, clothing, or shelter (conservatorship of the person), or is substantially unable to manage finances or resist fraud and undue influence (conservatorship of the estate).1California Legislative Information. California Probate Code 1801 – Persons for Whom Conservator May Be Appointed The impairment has to meaningfully affect the person’s ability to manage their own well-being, backed by medical documentation and testimony from people who know their day-to-day functioning.
How to File and What It Costs
You file the petition in the Superior Court of the county where the proposed conservatee lives.7Justia. California Probate Code 2200-2203 – Jurisdiction and Venue Probate Code 1821 lists what the petition must include: the names and contact information of the proposed conservator and conservatee, the reasons a conservatorship is needed, the person’s inability to care for themselves, their current living situation, the alternatives considered and why they fell short, health and social services received in the past year, and any financial vulnerabilities.5California Legislative Information. California Probate Code 1821
The statewide filing fee is $435. Counties including Riverside, San Bernardino, and San Francisco add a local courthouse construction surcharge on top.8Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026 Fee waivers are available for lower-income petitioners. The filing fee is the smallest cost. Attorney fees to establish a conservatorship typically run $3,000 to $10,000 or more, and contested cases go higher. Courts can also order bond premiums and investigator fees.
After filing, the proposed conservatee must be personally served with a citation and a copy of the petition at least 15 days before the hearing.9California Legislative Information. California Probate Code 1824 – Establishment of Conservatorship Close relatives, including parents, siblings, and adult children, must also be notified. For limited conservatorships, the Regional Center must be notified at least 30 days before the hearing so its assessment can be completed on time.
A court investigator then interviews the proposed conservatee, evaluates whether the conservatorship is necessary, and files a written report at least five days before the hearing.10California Legislative Information. California Probate Code 1826 At the hearing, the judge weighs the evidence. The proposed conservatee has the right to contest the petition, present evidence, and be represented by counsel. If the court grants the conservatorship, it issues Letters of Conservatorship. A conservator of the estate must post a bond before the letters are issued.11California Legislative Information. California Probate Code 2320 – Bonds of Guardians and Conservators
Rights the Conservatee Keeps
Even under a conservatorship, the adult keeps significant rights. Under Probate Code 2351, a conservatee has the right to receive visitors, phone calls, and personal mail unless the court specifically orders otherwise.12California Legislative Information. California Probate Code 2351 In limited conservatorships, all legal and civil rights not transferred by the court order remain with the conservatee.
A conservator cannot, on their authority alone, place the conservatee in a mental health facility or force them to take psychotropic medication. Those actions require separate proceedings under the LPS Act or a specific order under Probate Code 2356.5 in certain neurocognitive cases.13California Legislative Information. California Probate Code 2356.5
Voting rights are not automatically lost. Under Elections Code 2209, a conservatee is disqualified from voting only if a court specifically finds the person cannot communicate a desire to participate in the voting process, even with reasonable accommodations. If someone previously disqualified regains that ability, the court must hold a hearing to restore their voting rights.14California Legislative Information. California Elections Code 2209
Conservatees also have the right to legal representation, to object to the conservatorship, and to petition the court for changes or termination.
The Conservator’s Ongoing Duties
A conservator of the person handles daily needs: food, shelter, clothing, medical care, and general well-being. When the conservatee has been found to lack capacity to make healthcare decisions, the conservator gives consent to treatment based on medical advice, considering the conservatee’s own known wishes and values.15California Legislative Information. California Probate Code 2355 – Powers and Duties of Guardian or Conservator of the Person
A conservator of the estate manages income, assets, and expenses. The court requires a financial accounting within one year of appointment and at least every two years afterward.16California Legislative Information. California Probate Code 2620 – Accounts These accountings detail every transaction. Major moves, like selling real property, require court approval in advance. A conservator who fails to file accountings, mishandles funds, or neglects duties can be removed under Probate Code 2650 and held personally liable.17California Legislative Information. California Probate Code 2650
Protecting SSI, Medi-Cal, and Other Benefits
This is where families most often stumble. Many special needs adults receive SSI, Medi-Cal, or both, and those programs enforce strict asset and income limits. If a conservator of the estate deposits an inheritance or legal settlement straight into the conservatee’s bank account, the deposit can push them over the resource limit and trigger loss of benefits. Restoring them is slow.
A special needs trust is the standard tool for holding assets without jeopardizing eligibility. When a conservatee receives an inheritance or lump sum, the conservator must notify the court and get permission before establishing one. The trust pays for things government benefits do not cover, such as recreation, personal electronics, vacations, and supplemental therapies, without counting against benefit limits.
California’s CalABLE program is another option. A CalABLE account lets a person with a disability that began before age 46 save up to $100,000 without risking federal or state benefits. Investment earnings and withdrawals for disability-related expenses are tax-free at both levels, and anyone can contribute up to $20,000 per year, with higher limits for employed account owners.18CalABLE. CalABLE Home
A conservator handling finances also needs to file IRS Form 56 to notify the IRS of the fiduciary relationship and takes on responsibility for the conservatee’s tax returns.19Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship Social Security benefits require a separate representative payee designation through the SSA. A conservatorship order on its own does not give you authority over those federal payments.
Changing or Ending the Arrangement
A conservatorship is not necessarily permanent. If the conservatee’s condition or skills improve, the conservatee, conservator, spouse, domestic partner, relative, or friend can petition the court to terminate it, with facts showing it is no longer needed.20California Legislative Information. California Probate Code 1861 Courts review updated medical records, expert testimony, and evidence of current ability to manage affairs. A judge can also narrow the conservator’s powers rather than ending the arrangement, gradually restoring independence.
Limited conservatorships get periodic court review to confirm the arrangement still fits. If the person has developed greater independence through supported living or skills training, the court can reduce the conservator’s authority or end the conservatorship. If a conservator dies, becomes incapacitated, or is removed, the court appoints a successor so care continues without a gap.