Establishing a Limited Conservatorship
Call Our Orange County Conservatorship Lawyers for Help: (714) 384-6053
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.
Limited Conservatorships for Adult Children with Developmental Disabilities
Developmental disabilities include the following:
- Autism Spectrum Disorder
- Intellectual Disability
- Epilepsy
- Cerebral Palsy
- Down’s Syndrome
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.
There are two types of limited conservatorships:
- 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
- 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
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.
Get Legal Help in Orange County
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.