Conservatorship

When a student with disabilities reaches the age of 18, the local educational agency (LEA)/district shall provide a notice of procedural safeguards to both the student and the parents of the student. All other rights accorded to a parent shall transfer to the student with disabilities. The LEA/district shall notify the individual and the parent of the transfer of rights prior to the student’s 17th birthday, pursuant to California Education Code. The parent of a student determined to be incompetent under state law may seek conservatorship.  

A conservatorship is granted in a court proceeding where a superior court judge appoints a responsible person (“conservator”) to care for another adult (“conservatee”) who cannot care for themselves and their finances. 

A limited conservatorship is specifically available to benefit adults with developmental disabilities. A limited conservator can do only those things granted at the time of appointment by the local superior court. 

A limited conservator (usually a family member) may have the authority to: 

• Decide where the conservatee will live. 
• Manage the conservatee’s social affairs. 
• Manage the conservatee’s financial affairs. 
• Examine the conservatee’s confidential records and papers. 
• Sign a contract for the conservatee. 
• Give or withhold consent for medical treatments. 
• Make decisions regarding education and vocational training. 
• Give or withhold consent to the conservatee’s marriage. 
• Control the conservatee’s sexual contacts and relationships. 

After the filing of a petition for limited conservatorship with the Superior Court of the county in which the proposed conservatee lives, a proposed limited conservatee is assessed at a Regional Center to determine if they are indeed developmentally disabled. The Regional Center submits a written report of its findings and recommendations regarding the conservatorship to the court. While the Regional Center report is not binding, it provides the court with guidance about the appropriateness of the conservatorship. Additionally, the court appoints an attorney and an investigator to represent the disabled adult to make certain that the proposed conservatorship is of merit. 

Note: An LEA/district may ask to see a copy of the court documents to ensure compliance with court orders.