Limited Conservatorships

Limited conservatorships are for adults with developmental disabilities who cannot provide for all of their personal or financial needs.

This type of conservatorship may be appropriate when:

• The developmental disability impairs the conservatee’s ability to care for themselves or their property but is not so severe to require a general conservatorship, and
• The developmental disability is due to a mental or physical impairment that started before age 18 and is expected to continue indefinitely.

Examples include a person with an intellectual disability, like an IQ less than 70 or a diagnosis of some forms of epilepsy, cerebral palsy, or autism. Other developmental disabilities may qualify too.

There are two kinds of limited conservatorships:

• A limited conservatorship of the person - where a conservator cares for and protects a developmentally disabled adult and provides for the conservatee's needs associated with daily life, while supporting their ability to have, to the extent possible, independent, productive, and normal lives.
• A limited conservatorship of the estate - where a conservator handles the conservatee's financial matters - like paying bills and collecting the conservatee's income if the conservatee has an estate.

You may not need a limited conservatorship of the estate if:

• The person with a developmental disability gets public assistance, like Supplemental Security Income (SSI) or Social Security (SSA) but has no other assets.

But you need a conservatorship of the estate if the person with a developmental disability has other assets that they can't manage on their own, such as an inheritance or a settlement from a lawsuit that is not in a special needs trust.

If a minor with a developmental disability will soon be 18, it is often a good idea to start the process of requesting a limited conservatorship a few months before their 18th birthday. But a limited conservatorship can be established at any time after the person with the developmentally disability has reached age 18.

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When someone is appointed as a limited conservator of a person who has a developmental disability, the court can determine the types of responsibilities the conservator will have in caring for the person and their estate.

People with developmental disabilities can usually do many things on their own. For that reason, the judge will only give the limited conservator power to do things the conservatee cannot do without help. The Letters of Conservatorship and the court's order appointing the limited conservator will list the exact areas (powers) in which the limited conservator is authorized to act. The limited conservatee keeps all other legal and civil rights.

The conservator may ask the court for the powers to:

• Decide where the limited conservatee will live (cannot be in a locked facility).
• Look at the limited conservatee's confidential records and papers.
• Sign a contract for the limited conservatee.
• Give or withhold consent for most medical treatment for the limited conservatee (NOT sterilization and certain other procedures).
• Make decisions about the limited conservatee's education and vocational training.
• Give or withhold consent to the limited conservatee's marriage or domestic partnership.
• Control the limited conservatee's social and sexual contacts and relationships.
• Manage the limited conservatee's financial affairs.

Duty to help develop the limited conservatee's self-reliance

Overall, a limited conservator's responsibility is to help the limited conservatee develop maximum self-reliance and independence.

A limited conservator must arrange treatment, services, and opportunities to help the limited conservatee become as independent as possible. This can be:

• Training or education,
• Medical and psychological services,
• Social opportunities,
• Vocational opportunities, and
• Other appropriate help.

To learn more about limited conservatorships, read the Handbook for Conservators.

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Fill out:

• Petition for Appointment of Probate Conservator (GC-310) (mark the box for "limited conservatorship")
• Notice of Hearing (GC-020)
• Confidential Supplemental Information (GC-312)
• Confidential Conservator Screening Form (GC-314)
• Citation for Conservatorship (GC-320)
• Duties of Conservator (GC-348)
• Conservatee's Information & List of Relatives *Confidential* (local form)
• Capacity Declaration (GC-335) (ask a physician or licensed psychologist to fill out this form).
• If you want to ask the court to waive the filing fees, also fill out the Request to Waiver Court Fees (FW-001-GC) and Items 1, 3, 5, and the case name of the Order on Court Fee Waiver (FW-003-GC). The fee waiver is based on the proposed conservatee's income, not yours.

In real emergencies, you can ask for a temporary limited conservatorship if you cannot wait the regular 5-6 weeks for the court date on the regular limited conservatorship. To do this, there are more forms for you to fill out. Click below to learn how to ask for temporary conservatorship.

Self-Prep & File

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  Click for a computer program that can help you fill out all the forms for a limited conservatorship by answering simple questions.

The original and two copies are for the court. One copy is for you. You will need to make more copies after you file your forms for the people who will have to get notice (see step 4).

Take the original plus the copies to the Clerk's Office. The clerk will return your copies to you, stamped "Filed." You will have to pay a filing fee or turn in your fee waiver forms.

• The clerk will write a court hearing date on your Notice of Hearing (GC-020). That is your court date. Do not miss it.

You must "give notice" to the proposed conservatee and the proposed conservatee's relatives and the Golden Gate Regional Center. This means someone 18 or older -NOT you-must "serve" (give) copies of your court forms either in person or by mail to those people or agencies so they will know you are asking to be the limited conservator. You must do this even if you think they do not care or they disagree with you.

These are the general rules for giving notice:

• At least 15 days before the court date, serve the Petition for Appointment of Probate Conservator (GC-310) and the Notice of Hearing (GC-020).
• Give notice in person to the proposed conservatee.
• Give notice by mail to the proposed conservatee's relatives:
  • Spouse or domestic partner,
  • Parents,
  • Adult children,
  • Brothers and sisters,
  • Grandparents, and
  • Adult grandchildren.
• Give notice by mail to the Golden Gate Regional Center.
  • Golden Gate Regional Center
    San Mateo County
    3130 La Selva Street, Suite 202
    San Mateo, CA 94403

If you do not know where someone is, you will have to look for them and then ask the court to let you move ahead with your case without giving notice to them. Click for tips on how to find someone (California Courts website).

For the relatives you could not find:

• Write down everything you did to try to find them, with details of who you talked to, what places you looked for them, online searches, the dates, and what the results were.
• Then, file a Request to Dispense with Notice that includes all the details of your efforts to find the missing relative. It is not an existing court form, but you can use this template.
• File your Request to Dispense with Notice with a blank Order Dispensing Notice (Form GC-021).
• If the judge approves your request, the judge will sign the Order Dispensing Notice and you will be able to move ahead with your case without giving notice to the missing relative(s).

• For personal service, the server fills out and signs the Proof of Personal Service of Notice of Hearing (GC-020(P)) and then gives it to you.
• For service by mail, the server fills out and signs the Proof of Service by Mail on page 2 of the Notice of Hearing (GC-020) and then gives is to you.
• File your proofs of service with the court clerk before your court date.

Before the court hearing, the court investigator will meet with the proposed limited conservatee and:

• Explain how the limited conservatorship will affect them.
• Explain what will happen at the court hearing.
• Explain their right to fight the limited conservatorship, have a lawyer, ask for a different conservator, and have a jury trial.
• Find out if the proposed conservatee wants to and can go to the hearing.
• If the investigator believes the proposed conservatee cannot understand or give an opinion, the investigator may decide that the court should appoint a lawyer to represent the proposed conservatee.

The investigator will also:

• Meet with you as the proposed limited conservator,
• Review your Confidential Supplemental Information (GC-312) and get more information if needed.
• Review, if needed, the proposed conservatee's confidential medical records.
• Talk to the relatives, and other people who may know the situation, to see why the limited conservatorship is necessary (or not).

After the investigation, the court investigator will write a confidential report for the judge that summarizes all the information and has:

• Recommendations about your case, and
• Any concerns the court investigator may have about the conservatorship.

Note: the Regional Center also prepares a report and evaluation for the court, in addition to the court investigator's report.

Before you see the judge at your court hearing, you will have to watch a 20-minute video called With Heart: Understanding Conservatorship, and read the Handbook for Conservators.

The purpose of this requirement is to make sure you understand what your duties and responsibilities as conservator will be if the court appoints you. It is very important you do this step. You will not be able to get appointed without it.

Get to your hearing on time. The date, time, and room of your hearing will be on your Notice of Hearing (GC-020).

Take to your hearing:

• Order Appointing Probate Conservator (GC-340),
• Letters of Conservatorship (GC-350),
• All your other court papers.

Note: If are asking to be appointed as the limited conservator of the estate, the court can require that you purchase a bond to cover the value of the estate. If you have questions about the bond, talk to a lawyer.

At the hearing, the judge will make a decision on your request to be appointed limited conservator.

If the judge agrees that you can be the conservator:

• The judge will sign your Order Appointing Probate Conservator (GC-340), and you will take the signed Order together with your Letters of Conservatorship to the Clerk's office

Take your Order Appointing Probate Conservator (GC-340), and Letters of Conservatorship (GC-350) to the clerk's office to certify and file them. Your appointment as limited conservator is not effective until your Letters of Conservatorship are issued and filed.

Note: Get from the court clerk at least 1 CERTIFIED COPY of the Letters of Conservatorship for each person or entity that will have regular contact with the conservatee.

After the first year, unless otherwise ordered by the court, the court investigator will review the case to make sure you are meeting your duties as a limited conservator and the limited conservatee is doing well. After that first year, the investigator will visit every 2 years or as often as necessary.

If the investigator thinks there is a problem, they will write a report to the judge and ask that the court appoint a lawyer for the limited conservatee. If the judge determines that you can no longer be the conservator, you will be removed.

• All the general conservatorship forms listed here, PLUS
• Petition for Appointment of Temporary Conservator (GC-111),
• Notice of Hearing (GC-020) for the temporary limited conservatorship petition,
• Letters of Temporary Conservatorship (GC-150) (just the top boxes, with your name, address, case name and case number),
• Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator (GC-112),
• Declaration Re. Notice of Ex Parte Application (Local Form PR-9)
• Order on Ex Parte Application (GC-115), and
• Order Appointing Temporary Conservator (GC-141).

Make sure that in your papers, you let the court know clearly if anyone (like a spouse, parent, adult child, sibling, grandparent, or adult grandchild of the proposed conservatee) opposes your petition to be appointed limited conservator.

Self-Prep & File

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  Click for a computer program that can help you fill out all these forms by answering simple questions.

Make at least 3 copies of all your forms.

File all your forms at the Clerk's Office AND turn in your temporary limited conservatorship request to the Probate Clerk's office.

• File all of the forms for the general limited conservatorship in the Clerk's Office and take your forms for the temporary conservatorship request to the Probate Clerk's office for the probate court investigator to review your request. It is recommended that you make an appointment for the Court Investigator to review your papers before you turn them in to the clerk. Make the appointment by calling the Court Investigator's office at: 650-261-5068.

After the Probate investigator reviews your request, file your forms in the Clerk's Office.

In most emergency cases, the San Mateo court will review your request as an ex parte request. This means that there will be no court hearing, unless the court thinks one is needed, and the temporary limited conservatorship orders can be made after review. Follow the California Rules of Court, Rules 3.1200-3.1207 and the San Mateo Superior Court Local Rule 4.76 carefully.

If the court reviews your case as an ex parte request, you will have to give notice that you are asking for a temporary limited conservatorship by 10 a.m. the court day before your ex parte request is to be reviewed by the judge. You will have to give notice, by telephone, fax, in person, or some other valid way, of your request to:

• The proposed conservatee,
• The Golden Gate Regional Center,
• Spouse or domestic partner of the proposed conservatee,
• Parents,
• Adult children,
• Brothers and sisters,
• Grandparents, and
• Adult grandchildren.

If you were not able to notify someone about the request-because you don't know where they are, or because you believe it could be dangerous to you or the proposed conservatee, or some other really good reason-explain that on the Local Form PR-9, in Item 4. Again, make sure the court knows if anyone opposes the conservatorship that you are aware of.

In some situations, the court will set a regular hearing date for the temporary limited conservatorship. For those cases, at least 5 days before the court date, you must have someone 18 or older, NOT you serve the Petition for Appointment of Temporary Conservator (GC-111) and Notice of Hearing (GC-020):

• In person to the proposed conservatee.
• By mail to the proposed conservatee's relatives:
  • Spouse or domestic partner,
  • Parents,
  • Adult children,
  • Brothers and sisters,
  • Grandparents, and
  • Adult grandchildren
• By mail to the Golden Gate Regional Center.
  • Golden Gate Regional Center
    San Mateo County
    3130 La Selva Street, Suite 202
    San Mateo, CA 94403

For each person that has to get notice, fill out and file with the clerk a Declaration Re. Notice of Ex Parte Application (Local Form PR-9), explaining when and how you told them about the ex parte request.

Usually, your matter will be reviewed that day (rather than the court scheduling a hearing on the temporary limited conservatorship). However, if the court gives you a court date, get to your hearing on time. The date, time, and room of your hearing will be on your Notice of Hearing (GC-020).

Take to your hearing:

• Order Appointing Temporary Conservator (GC-141), and
• Letters of Temporary Guardianship or Conservatorship (GC-150), and
• All your other court papers.

If the judge agrees that you can be the temporary limited conservator, you will get:

• Order Appointing Temporary Conservator (GC-141), and
• Letters of Temporary Guardianship or Conservatorship (GC-150) that you must sign.

The court will also set a hearing on the limited conservatorship.