California parents of special needs children may wonder what to do after their child reaches the age of majority. At that point, the law considers the child an adult, which means that parents need to seek another way to continue to provide much needed care. Conservatorships provide many parents with the solution they need.
Before a California court will appoint a conservator for a special needs adult, it will need to ascertain whether it is necessary. The courts do not easily take away an individual’s right to make decisions for him or herself. Instead, they will consider numerous factors before doing so. In fact, if possible, the court may favor a limited conservatorship, which allows the special needs adult the right to continue to make some decisions alone while having someone else make others.
Some of the important factors a court reviews include the ability of the special needs adult to communicate his or her needs and wants, the ability to handle daily tasks such as dressing, eating and handling personal hygiene issues and the ability to understand the results (good or bad) of certain decisions. It may also matter whether he or she works outside the home. In addition, the individual will have the opportunity to express his or her desires regarding the conservatorship.
Most parents want their children to have as much independence and freedom over their lives as possible, so balancing the need for help with the need for autonomy is crucial. California parents who believe conservatorships are the best course of action for their adult children with special needs may want to discuss the matter with an attorney first. Someone with experience in this area of the law may help parents ascertain whether to seek a full or limited conservatorship and what potential obstacles may arise.