Omliva organizes practical information. This guide is general information for the United States, not legal, tax, financial or medical advice.
A short note before you start
This guide is general information for the United States, not legal, tax, financial or medical advice. "Limited conservatorship" comes from California law; most other states protect the same idea, a narrower, tailored form of substitute decision-making, under the word "guardianship." Confirm current rules, forms and fees with your state court's self-help site or a lawyer who handles these cases.
What is a limited conservatorship?
A limited conservatorship is a court proceeding that appoints a responsible adult to help a person with a developmental disability who cannot fully care for themselves or their property, but who does not need the broader control of a "general" conservatorship. California Probate Code Section 1801 states that such an arrangement "shall be utilized only as necessary to promote and protect the well-being of the individual" and is designed to encourage the person's development of maximum self-reliance and independence (Probate Code Section 1801, checked 2026-09-30). The judge grants only the specific powers the petitioner proves are needed; everything else stays with the conservatee.
Who qualifies for a limited conservatorship?
In California, it is available only for an adult with a developmental disability: one that began before age 18, is expected to continue indefinitely, and is substantial and not solely physical. The law names intellectual disability, cerebral palsy, epilepsy and autism, plus closely related conditions1. It is not the right tool for an older adult who becomes unable to manage due to dementia or physical illness; that calls for a general conservatorship instead.
How is a limited conservatorship different from a general conservatorship?
A general conservator has broad authority over someone who cannot care for themselves at all. A limited conservator gets only the powers requested and approved, and the conservatee keeps every power the court does not hand over1. Many limited conservatees still vote, choose routine care providers, hold a job, and make everyday decisions; the conservatorship steps in only where the court order names.
What powers can a limited conservator have?
California law lists seven specific powers a court may give, each separately requested and justified in the petition1.
| Power | What it covers |
|---|---|
| Fix residence | Decide where the conservatee lives |
| Access records | See confidential medical, school or other records |
| Consent to marriage or domestic partnership | Approve or withhold consent to marry or register a partnership |
| Contract | Enter into contracts on the conservatee's behalf |
| Medical consent | Give or withhold consent to medical treatment |
| Social and sexual contacts | Control who the conservatee has contact with |
| Education | Make decisions about schooling or vocational training |
A limited conservator does not automatically get authority over money. A separate conservatorship "of the estate" and its own petition govern finances; a conservatorship of the person alone does not include managing bank accounts or property.
How do you get a limited conservatorship?
The process below reflects California's procedure; other states use similar steps under their own guardianship rules (see below).
- Confirm the person has a qualifying developmental disability and that less restrictive options, such as supported decision-making or a power of attorney, are not enough.
- Complete the required forms: a Petition for Appointment of Probate Conservator (GC-310), Confidential Supplemental Information (GC-312), Confidential Conservator Screening Form (GC-314), Citation for Conservatorship (GC-320), Notice of Hearing (GC-020), Duties of Conservator (GC-348), and a proposed Order and Letters (GC-340, GC-350)6.
- File with the probate clerk in the county where the person lives, and get a hearing date.
- Serve notice on the proposed conservatee, close relatives, and the regional center, generally at least 15 days before the hearing9.
- The regional center assesses the proposed conservatee, with their consent, and files a report no later than 5 days before the hearing1.
- A court investigator interviews the proposed conservatee, explains their rights, and files a separate confidential report.
- Complete any required orientation before the hearing.
- Attend the hearing; the judge reviews both reports and decides which powers, if any, to grant.
- Pick up certified Letters of Conservatorship from the clerk, the proof of authority schools, doctors and agencies will ask to see.
- Meet with the investigator about a year later, then every two years after, to confirm the arrangement is still needed8.
How much does a limited conservatorship cost?
Expect several separate costs beyond the court filing fee. California's statewide filing fee starts at $435, though some counties charge more; income-based fee waivers are available for the proposed conservatee6. Attorney fees typically run $3,000 to $8,000 for an uncontested case and $15,000 to $50,000 or more for a contested one11. Court investigator fees, separate from the attorney, typically run $750 to $1,500, and if the case also covers the estate and needs a bond, the annual premium is typically 1% to 2% of the bonded amount11. These costs can sometimes be paid from the conservatee's own funds rather than the petitioner's.
How does a limited conservatorship vary by state?
"Limited conservatorship" is specifically a California term. Every state has its own narrower, tailored substitute-decision process for adults, usually under the word "guardianship," and the names, forms and required findings differ. Confirm the current rules on your state's own court self-help site before relying on the details below.
| State | Term used | Key feature |
|---|---|---|
| California | Limited conservatorship | Only for adults with a developmental disability; court grants from a list of 7 specific powers1 |
| Texas | Limited guardianship | Court must find by clear and convincing evidence that less restrictive alternatives were considered and not feasible12 |
| Florida | Guardian advocacy | Can be granted without a formal finding of incapacity, specifically for people with developmental disabilities (Florida Statutes Section 393.12, checked 2026-09-30) |
| Washington | Limited guardianship | Statute defines it as granting "less than all powers" available, with only "those powers necessitated by the demonstrated needs and limitations" of the person14 |
Families with property or a member in a different state should ask a local attorney whether an out-of-state conservatorship or guardianship will be recognized, or whether a new proceeding is needed.
What is the role of the regional center or other disability agency?
In California, a regional center is a nonprofit agency under contract with the state that serves people with developmental disabilities. When a petition is filed, it assesses the proposed conservatee's specific abilities and limitations and reports its findings to the court; the court is not bound by the recommendation, but it carries significant weight1. The relationship often continues afterward, coordinating services, housing and day programs regardless of who holds the conservatorship.
What should you consider before filing?
Since 2023, California petitioners must tell the court what less restrictive alternatives they considered and why those do not meet the person's needs10. Common alternatives, which avoid or reduce court involvement, include:
- Supported decision-making, where the person keeps full legal authority but chooses trusted supporters to help them understand and communicate choices, with no court order required7.
- A power of attorney naming an agent for financial or health decisions, available to a person who has capacity to understand the document.
- An advance health care directive naming a health care agent and recording treatment wishes.
- A representative payee arrangement, letting someone manage Social Security or SSI benefits without a court case.
A court expects to see that these options were genuinely considered, not just listed to satisfy the form.
What should you record in a family guide?
Whether or not a limited conservatorship is ever filed, a family caring for an adult with a developmental disability benefits from keeping the practical details in one place instead of scattered across email, memory and a drawer of paperwork:
- Regional center case number and coordinator's contact information
- Copies of any supported decision-making agreement, power of attorney or advance health care directive
- Diagnosis records and the most recent capacity evaluation
- Current medications, providers and communication preferences
- Certified Letters of Conservatorship, if one exists, and the next scheduled court review date
- Contact information for the conservator, co-conservator and the family's attorney
- Benefits received (SSI, Medicaid, regional center services) and the agency contact for each
This is the kind of information a family guide keeps organized and current, so a sibling, successor conservator or new caregiver is not starting from zero if something happens to the primary caregiver.
What mistakes do families commonly make?
- Requesting every available power "just in case" instead of only what is needed, which can slow down or complicate the hearing since courts must grant the least restrictive option.
- Skipping the alternatives-considered step; petitions that don't address alternatives can be sent back or questioned10.
- Missing the regional center deadline, since the assessment is tied to the hearing date and filing late can delay the case.
- Assuming the arrangement is permanent. Courts review it about a year after appointment and every two years after, and it can be modified or ended if no longer needed8.
- Confusing this with a mental health conservatorship, a separate process for adults with serious mental illness. See our LPS conservatorship guide for that distinction.
- Not updating records after the hearing, since schools, doctors, banks and agencies all need a current copy of the Letters of Conservatorship.
When to get professional help
Most families benefit from a lawyer who regularly handles these cases, since the petition must justify each power requested and address alternatives in detail. Get legal help if the family disagrees about who should serve as conservator, if the proposed conservatee or a relative objects, or if the case involves an estate as well as a person, or property in more than one state. A regional center caseworker can also help identify whether a limited conservatorship or a less restrictive alternative fits.
Frequently asked questions
What is the difference between a limited conservatorship and a guardianship?
In most states, "guardianship" is the general term for a court-appointed decision-maker for an adult or child. "Limited conservatorship" is California's name for a narrower version of this for adults with developmental disabilities; other states use "limited guardianship" or, in Florida, "guardian advocacy." See our guardian vs. conservatorship comparison for more on the terminology.
Who can be a limited conservator?
Any responsible adult can petition, often a parent or sibling, though a professional or public conservator can serve when no family member is available. The court reviews the proposed conservator's background first.
Does a limited conservatorship cover finances?
Not by itself. A conservatorship "of the person" covers personal care decisions like residence and medical consent; managing money requires a separate conservatorship "of the estate," requested and justified on its own.
How long does a limited conservatorship last?
It has no fixed end date, but it is not automatically permanent. Courts review the case about a year after appointment and every two years after that, and it can be modified or terminated if the person's needs change.
Can a limited conservatee still make some decisions on their own?
Yes. The conservatee keeps every right and power the court did not specifically grant to the conservator. Many still vote, work, choose routine care providers and make day-to-day decisions independently.
What happens when a limited conservatorship is no longer needed?
The conservator, the conservatee, or another interested party can petition the court to end or modify it. The court holds a hearing and can terminate it, or adjust the powers granted, if it finds the person's needs have changed.
Does it replace parental authority once a child turns 18?
Yes. In California, parental authority ends at 181, so an adult child needs a fresh court order for continued oversight.
Sources
- California Legislative Information, leginfo.legislature.ca.gov: Probate Code Section 1801 Checked 2026-09-30
- California Legislative Information, leginfo.legislature.ca.gov: Probate Code Section 2351.5 Checked 2026-09-30
- California Legislative Information, leginfo.legislature.ca.gov: Probate Code Section 1827.5 Checked 2026-09-30
- California Legislative Information, leginfo.legislature.ca.gov: Welfare and Institutions Code Section 4512 Checked 2026-09-30
- California Legislative Information, leginfo.legislature.ca.gov: Family Code Section 6500 Checked 2026-09-30
- California Courts, selfhelp.courts.ca.gov: Start a limited conservatorship case Checked 2026-09-30
- California Courts, selfhelp.courts.ca.gov: Options to help someone with an impairment or disability Checked 2026-09-30
- San Mateo County Superior Court, sanmateo.courts.ca.gov: Limited Conservatorships Checked 2026-09-30
- Orange County Superior Court, occourts.org: Limited Conservatorship Checked 2026-09-30
- California Lawyers Association, calawyers.org: Legislation Alert: AB 1663 Checked 2026-09-30
- Lawvex, lawvex.com: Conservatorship in California: Types, Process & Costs Checked 2026-09-30
- Texas Estates Code Section 1101.101, codes.findlaw.com Checked 2026-09-30
- The Florida Senate, flsenate.gov: Florida Statutes Section 393.12 Checked 2026-09-30
- Washington State Legislature, app.leg.wa.gov: RCW 11.130.265 Checked 2026-09-30