Having a developmentally disabled loved one can be challenging. You may have provided care during his or her childhood, and now that your loved one is an adult, you fear that he or she will face additional challenges requiring assistance.
Here in California, you may be able to obtain a limited conservatorship over your loved one. It will be limited because the courts and the legislature are hesitant to remove all decision making from someone with a developmental disability, such as autism or an IQ of less than 70, since he or she may be able to do some things without assistance, but may need help with others.
The powers of a limited conservator
If the Regional Center certifies that your loved one suffers from a DD and the court appoints you as his or her limited conservator, you will be responsible for making the following decisions for your limited conservatee:
- Sign contracts
- Decide on living arrangements
- Approve or disapprove of medical treatments
- Review confidential papers and records
- Manage financial affairs
- Make decisions regarding education
- Make decisions regarding vocational training
- Approve or disapprove a marriage
- You may be able to place your loved one in a state hospital for the developmentally disabled.
However, you may not have him or her sterilized without a special hearing, and you ordinarily may not regulate his or her sexual or social lives unless a danger exists. You will need to report to the court one year after your appointment and then every two years thereafter unless the court orders otherwise.
Going through the process
The process takes approximately three months, so if you want to ensure a seamless transition before your loved one turns 18, you may want to keep this in mind. Without a limited conservatorship, the director of the Regional Center may make the decisions you would make if you became a limited conservator. If you would prefer to keep these decisions in the family, then you may want to get the process started as soon as possible.
You will need to fill out the appropriate forms, schedule a hearing and serve all of the appropriate parties. You will then need to attend the hearing at which the judge will ask you questions. Since the hearings generally only take a few minutes, you may want to prepare for the hearing and make sure that your forms contain all of the relevant information supporting your position. Your loved one will also require representation at the hearing to ensure that his or her rights are protected.