Difference between a regular and limited conservatorship in California
In California, a regular (general) conservatorship is for an adult who cannot adequately meet personal needs or manage financial resources; a limited conservatorship is specifically for an adult with a developmental disability and is tailored to provide only the help the court finds necessary. The central difference is the scope of authority: a general conservator ordinarily has broader authority, while a limited conservator receives only specifically granted powers and the conservatee retains other legal and civil rights.
Who may be placed under each type
- Regular conservatorship: A court may appoint a conservator of the person when an adult cannot properly provide for personal needs such as physical health, food, clothing, or shelter. It may appoint a conservator of the estate when an adult is substantially unable to manage financial resources or resist fraud or undue influence. The court may appoint a conservator for the person, the estate, or both.[1]
- Limited conservatorship: A court may appoint one for a developmentally disabled adult. The arrangement must address that individual’s proven mental and adaptive limitations and promote well-being, self-reliance, and independence.[1]
How much authority the conservator receives
| Issue | Regular conservatorship | Limited conservatorship |
|---|---|---|
| Scope | A conservator may have authority over the person, the estate, or both. The court can reserve particular personal rights to the conservatee by order.[1][4] | The court grants only the specific powers requested and found necessary. The seven powers that must be specifically granted include deciding residence, accessing confidential records, consenting to marriage or a registered domestic partnership, exercising contract rights, making medical-consent decisions, controlling social and sexual relationships, and making education decisions.[3] |
| Rights retained | Rights depend on the court’s order; the court may reserve specified personal powers to the conservatee.[4] | The person is not presumed incompetent and keeps all legal and civil rights except those specifically assigned to the limited conservator by court order.[1] |
| Purpose | Protect the person’s basic needs or property, as applicable, while using the least restrictive alternative.[2][5] | Provide only necessary assistance while encouraging the person’s maximum self-reliance and independence.[1][3] |
“A conservatorship of the person or of the estate shall not be granted by the court unless the court makes an express finding that the granting of the conservatorship is the least restrictive alternative needed for the protection of the conservatee.”[2]
The court must also consider the person’s abilities and capacities with current and possible supports, including supported decision-making agreements, powers of attorney, health care surrogates, and advance health care directives.[2]
Standard of proof and practical takeaway
For appointment under Section 1801, the court must be persuaded by clear and convincing evidence. A financial conservatorship cannot be based solely on isolated incidents of negligence or improvidence.[1]
In practical terms, a regular conservatorship addresses an adult’s demonstrated inability to manage personal needs or finances and may confer broader authority, subject to the court’s order and least-restrictive-alternative requirement. A limited conservatorship is reserved for an adult with a developmental disability, and the court must assess the need for each requested power rather than assume that the conservator should control all areas of the person’s life.[1][2][3]