A limited conservatorship is a court proceeding designed for adults with developmental disabilities who need help in specific areas of decision-making but do not require a full, general conservatorship. At Westlake Law Group, we represent parents, family members, caregivers, and interested parties throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County in limited conservatorship matters filed in the California Probate Division.
A properly structured limited conservatorship is intended to preserve as much independence as possible while granting only the narrowly defined powers the court determines are necessary. These cases involve strict procedural requirements, mandatory notices, and court oversight, and they often require coordination with court investigators and, in many cases, regional center involvement.
If you need assistance establishing, modifying, or defending a limited conservatorship in Southern California, call (818) 444-2022 or contact Westlake Law Group to schedule a confidential consultation.
What Is a Limited Conservatorship?
A limited conservatorship may be established for a developmentally disabled adult when the court finds, by clear and convincing evidence, that conservatorship is necessary and must be tailored to the person's proven mental and adaptive limitations. Unlike general conservatorships, limited conservatorships are designed to encourage maximum self-reliance and independence, and the conservatee is not presumed incompetent.
California's statutory authority for limited conservatorships appears in Probate Code section 1801, including the provisions specific to developmentally disabled adults:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1801.
For an overview of conservatorships and limited conservatorships, including the seven specific powers, see the California Courts Self-Help guide:
https://selfhelp.courts.ca.gov/conservatorships
7 Powers in a Limited Conservatorship
A limited conservator may be granted up to seven specific powers. The judge considers these powers individually and may grant only the powers requested and proven necessary.
The seven powers commonly include authority to:
- Fix the conservatee's residence or specific dwelling
- Access the conservatee's confidential records and papers
- Consent or withhold consent to marriage or registered domestic partnership
- Exercise the conservatee's right to enter into a contract
- Give or withhold medical consent on behalf of the conservatee
- Exercise or limit the conservatee's right to control social and sexual contacts and relationships
- Make decisions concerning the conservatee's education
The Probate Code provision addressing limited conservator powers and duties is Probate Code section 2351.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2351.5
When a Limited Conservatorship May Be Appropriate
Families commonly explore a limited conservatorship when an adult child with a developmental disability is approaching adulthood (or is already an adult) and needs structured assistance with medical decisions, education planning, contracting, records access, or housing decisions.
Limited conservatorship is not automatically required simply because a person has a diagnosis. Courts generally expect a showing that less restrictive options are not sufficient for the person's needs, and the conservatorship must remain the least restrictive alternative that protects the individual's well-being.
For information about conservatorships and alternatives for individuals with intellectual and developmental disabilities, see the California Department of Developmental Services:
https://www.dds.ca.gov/individuals-and-families/conservatorship/
Limited Conservatorship of the Person vs. Limited Conservatorship of the Estate
Limited conservatorships may involve care decisions, financial decisions, or both.
A limited conservatorship of the person generally addresses personal care and decision-making authority (such as residence, medical consent, education, and records access).
A limited conservatorship of the estate generally addresses financial management authority when the individual is unable to manage assets or resist fraud or undue influence.
Some cases require a conservatorship of both the person and the estate. The scope depends on the person's needs and the powers requested.
Alternatives to Limited Conservatorship
Before filing, families often evaluate whether the individual can be supported through less restrictive tools, such as:
- Supported decision-making arrangements
- Power of attorney (where capacity allows)
- Advance health care directives or health care proxies
- Representative payee arrangements for public benefits
- Authorized representative options for benefit programs
The California Department of Developmental Services provides a discussion of alternatives and resources:
https://www.dds.ca.gov/individuals-and-families/conservatorship/
The Court Process
Starting a limited conservatorship typically involves:
- Filing a petition in the Probate Division of the Superior Court
- Providing formal notice to relatives and required persons
- Service of notice on the proposed conservatee
- Court appointment of counsel for the proposed conservatee in many cases
- A court investigation and report
- A hearing where the judge decides whether a conservatorship is necessary and which powers, if any, should be granted
- Issuance of Letters of Conservatorship if the petition is granted
California Courts step-by-step guidance to start a limited conservatorship case is available here:
https://selfhelp.courts.ca.gov/start-limited-conservatorship-case
The Judicial Council petition form used in probate conservatorship matters is commonly Petition for Appointment of Probate Conservator (GC-310):
https://selfhelp.courts.ca.gov/jcc-form/GC-310
Court forms by category (including conservatorship forms) can be accessed through the Judicial Branch of California here:
https://courts.ca.gov/rules-forms/court-forms
Duties and Ongoing Responsibilities of a Limited Conservator
A limited conservator is a fiduciary and must act in the best interests of the limited conservatee while respecting the conservatee's rights and independence. A limited conservator must stay within the authority granted by the court order and should maintain accurate records and documentation supporting decisions made on the conservatee's behalf.
Probate Code section 2351.5 emphasizes that limited conservatorships are intended to support maximum self-reliance and independence and requires the limited conservator to secure appropriate services and supports where applicable:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2351.5
Contested Limited Conservatorships and Modification Proceedings
Disputes may arise regarding whether a conservatorship is necessary, who should serve, or whether requested powers are too broad. In other matters, circumstances change and a conservatorship must be modified to add, remove, or refine powers.
Contested issues commonly involve:
- Objections to conservatorship or to specific requested powers
- Conflicts among family members over who should be conservator
- Concerns about restriction of rights beyond what is necessary
- Requests to modify powers as the conservatee's independence increases
- Petitions for removal or replacement of a conservator when fiduciary concerns arise
Limited Conservatorship Proceedings in Ventura and Los Angeles Counties
Limited conservatorships are filed in the Probate Division of the California Superior Court.
Ventura County Superior Court – Probate Division:
https://ventura.courts.ca.gov/divisions/probate
Los Angeles County Superior Court – Probate Division:
https://www.lacourt.ca.gov/courthouse/mode/division/probate
Local filing practices and procedures can vary. Legal guidance can help ensure correct service, required notices, and proper presentation of evidence to support (or oppose) specific powers.
Representative Matters
While every case is unique, Westlake Law Group frequently assists clients with:
- Petitions for limited conservatorship for adults with developmental disabilities
- Requests for specific limited powers tailored to the conservatee's needs
- Coordination of conservatorship strategy with special needs planning and public benefits issues
- Responding to objections and contested hearings
- Modifications to increase or reduce powers as circumstances change
- Advising conservators regarding compliance, documentation, and court expectations
Frequently Asked Questions
Does a limited conservatorship remove all rights from the conservatee?
No. The conservatee retains legal and civil rights except those specifically limited by court order and granted to the limited conservator. Probate Code section 1801 addresses the limited conservatorship framework and rights retained:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=1801.
Can the court grant only some powers and not others?
Yes. The judge evaluates each requested power individually and may grant only those powers proven necessary. California Courts explains the seven powers and the judge's role here:
https://selfhelp.courts.ca.gov/conservatorships
Is limited conservatorship the same as an LPS conservatorship?
No. LPS conservatorships involve serious mental illness and a different statutory process. The California Courts conservatorship overview notes that its page does not cover mental health (LPS) conservatorships:
https://selfhelp.courts.ca.gov/conservatorships
Can a limited conservatorship be changed later?
Yes. Powers may be modified by court order if circumstances change and a petition is filed requesting modification.
Schedule a Confidential Consultation
A limited conservatorship can be an important tool to protect a developmentally disabled adult while preserving dignity and autonomy. If you are considering a limited conservatorship or need representation in a pending matter in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, contact Westlake Law Group at (818) 444-2022 or submit a consultation request through our contact page.
Our office is located at 30699 Russell Ranch Road, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.