If your special needs child near the age of 18 or already over the age of 18? If so, then you should consider obtaining limited conservatorship authority so that you may continue to care for your child when he/she turns 18 or for your adult child who has already turned 18. Most states consider 18 the legal age to make their own decisions, despite the fact that they may not have the capacity to do so due to a disability they were born with, a condition they acquired due to an accident or some unknown cause.
What is Limited Conservatorship?
Limited conservatorship is often confusing and misinterpreted to mean that the person asking for conservatorship authority is limited in their authority. This is just the opposite of what this means. Limited Conservatorship has 7 powers associated with this type of conservatorship and they are as follows:
- The power to fix the residence of the limited conservatee;
- The power to have access to confidential records and papers of the limited conservatee, including, but not limited to, Regional Center documents and school records;
- The power to give or withhold consent to medical treatment of the limited conservatee;
- The power to control the right of the limited conservatee to contract;
- The power to make educational decisions;
- The power to control social and sexual contacts; and
- The power to consent or withhold consent to the marriage of, or the entrance into, a registered domestic partnership by the limited conservatee.
The above powers that the conservator (the person who is asking for conservatorship authority) receives, are the powers that the conservatee is “limited” in having over themselves.
THE PROCESS OF OBTAINING CONSERVATORSHIP AUTHORITY
Obtaining conservatorship authority requires the completion of numerous court forms, following through with reviewing probate notes, giving notice to all relatives in the first degree and ensuring your paperwork is timely filed.
Once your court forms are completed and signed, they are submitted to the filing court for filing. The court will set a hearing date, notices of the hearing are required to be sent out to all relatives in the first degree, i.e. conservatee’s sisters, brothers, paternal grandparents, maternal grandparents. In addition, if the Regional Center is involved, they are required to receive notice of the hearing as well. The Notice of Hearing is then required to be personally served on the Conservatee, along with the filed Petition and a document called Citation and once that is accomplished these documents are then submitted to the court showing that the conservatee was in fact personally served. You then are required to submit a document called Capacity Declaration for filing with the court, which is a form that the conservatee’s treating physician fills-out. All these steps need to take place in order for your hearing to not be continued due to insufficient filings of required documents. The steps to obtaining conservatorship authority can be rather stressful, but very necessary, and that is why it is important to have someone with the knowledge and experience assist you.
ALL COUNTY DOCUMENT SERVICES assists with preparing, filing and taking you through the Limited Conservatorship process.
Our office has the knowledge and experience in preparing the conservatorship court documents. We file in all county courts and are knowledgeable to each county courts process and procedures. We not only prepare the paperwork, we check for probate notes, which are notes the court submits requesting further information that they feel may be needed, and even prepare the additional required documents to be served and filed after you obtain conservatorship of the person. We take you from start to finish and offer an affordable price for this complete process.
Call our office to learn more at 951-272-5855 and let us help you gain conservatorship authority over your soon-to-be 18 year old child or your adult child who is 18 years or older, we make every attempt to make this process as easy as possible for you.