Conservatorship
Nothing on this website is to be considered as the rendering of legal advice. The contents are intended for educational and informational purposes only and are limited to the State of California.
Readers are responsible for obtaining legal advice from their own legal counsel .
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Conservatorship Frequently Asked Questions
What is conservatorship?
A conservator in California is a person or persons appointed by the court to manage and arrange the financial affairs and/or daily needs of another due to mental limitations, physical limitations or old age. [https://www.disabilityrightsca.org/publications/limited-conservatorships-alternatives]
What is a "Limited Conservatorship"?
A limited conservatorship is a court case where a judge gives a responsible person (called a "limited conservator") certain rights to care for another adult (called a "limited conservatee") who has a developmental disability. [http://www.sanmateocourt.org/self_help/conservatorship_limited.php]
Who can be conserved with a "Limited Conservatorship"?
The conservatee is a person who suffers from a developmental disability which, as a result, makes them unable to provide for some of their personal and/or financial needs.
A person is deemed developmentally disabled if he/she has an IQ lower than 70 or diagnosed with autism.
As part of this process, the court will order the conservatee tested prior to approving a limited conservatorship. Conservators are usually parents, siblings, or an immediate family member of the conservative. [https://apeopleschoice.com/limited-conservatorship-for-developmentally-disabled/]
When should I start the conservatorship process?
Close to the student's 18th birthday. In San Mateo County, it is advised to file 6 months prior to the student's 18th birthday.
Generally you can begin preparing paperwork and collecting documents around age 17.5 years old.
Click here for step-by-step instructions on how to set up a limited conservatorship for your student, including a list and links of all paperwork required for San Mateo County.
Are there alternatives to conservatorship?
Yes. There are Power of Attorney, Guardianship, Advanced Healthcare Directive and Limited Conservatorship.
You can read more on these websites:
Do I need a lawyer to set up a conservatorship?
No - According to Alexis Lynch, attorney (video below). You can prepare all of the paperwork and set up the meetings yourself.
Click here for step-by-step instructions on how to set up a limited conservatorship for your student.
San Mateo County offers a "Self-Prep and File" portal to help you file a Limited Conservatorship for your child on your own. Click here to start the process.
What is the best way to get started?
For a conservatee living in San Mateo County, click here for the step-by-step process. This website provides links to all specific forms you will need to set up a conservatorship for your child.
San Mateo County offers a "Self-Prep and File" portal to help you file a Limited Conservatorship for your child on your own. Click here to start the process.
Who can help you Understand Conservatorship/Guardianship or Power of ATtorney
As a courtesy, we are providing you with these resources so that you may get more accurate or individualized counsel about your own situation. These organizations provide support free of charge.
GGRC can provide information about conservatorships (limited or otherwise) and guardianships to family or friends of persons served by the regional center. This information may include referrals to legal resources that can help a person (or persons) obtain a guardianship or conservatorship.
Legal Aid Society - San Mateo County
Free law advice and counsel
San Mateo County Private Defender's Office
Free law advice and counsel
Center for Independence - San Mateo
An organization that can help inform and advise you on how to obtain Conservatorship and other needs for your student.
A parent organization that provides workshops and support in all areas of parent concerns.
Alternatives to Conservatorship
As a courtesy we are providing these resources for informational purposes only. Please seek legal counsel to obtain information accurate and individualized to your own situation.
Conservatorship Resources
As a courtesy we are providing these resources for informational purposes only.
From the California Courts website:
If you want to understand what a conservator's duties and responsibilities will be, read the Judicial Council's Handbook for Conservators. The law says all conservators must have a copy of this handbook.
From the California Courts website:
To learn more about conservatorships, watch With Heart: Understanding Conservatorship. The video may seem dated, but the information the video provides is current and relevant and may help you understand the process better.
San Mateo County Courts require conservators to watch this video and read the Handbook for Conservators (above)