Do You Need a Conservatorship When Your Child Turns 18?

If you are the parent of a child with a developmental disability, their upcoming 18th birthday is a lot to think about. School, healthcare, and public benefits. It's a big transition, and there's one more piece most parents don't see coming: you lose the automatic right to make decisions for them once they are legally an adult. That’s where conservatorship comes in, but is it necessary? Here's what actually changes, whether you need to act, and how far ahead to start planning.

What legally changes at 18

The day your child turns 18, California law treats them as an adult with full authority over their own life, medical care, living situation, money, contracts, education. That's true regardless of their disability. Practically, this means that without legal authority, you may no longer be able to:

• Talk to your child's doctors or make medical decisions

• Access their medical, school, or financial records

• Sign contracts or manage benefits on their behalf

• Participate in IEP meetings or educational decisions

• Communicate with the Regional Center or choose vendors on their behalf

• Make decisions about their housing, education, or care

Parents are often blindsided at an IEP meeting, a doctor's office, or a Regional Center appointment when they're told, for the first time, that they no longer have the right to be involved.

Do you actually need a conservatorship?

Not every family does, and it's worth genuinely asking the question, because a conservatorship removes rights and shouldn't be the automatic default. The right answer depends on how much your adult child can safely do on their own:

• If your child can make sound decisions with guidance, a lighter option may be enough. Supported Decision-Making lets them keep their rights while designated trusted supporters help them understand and communicate their choices. A power of attorney and advance health care directive may also work if your child can understand and sign a legal document.

• If your child cannot safely make some or all major decisions, even with support, a limited conservatorship gives you decision-making authority. This is also the right path if they lack the cognitive capacity to understand and sign a legal document.

California law requires the court to consider less restrictive alternatives such as Supported Decision-Making before granting a conservatorship, so it's smart to think them through first. An honest assessment of where your child falls is the best possible starting point.

What a limited conservatorship gives you

California law lets you request that the court grant you decision-making authority in up to seven specific areas: residence, medical treatment, education, access to records, entering contracts, marriage, and social/sexual relationships. The judge grants only the powers your child actually needs assistance with. (You can read the full breakdown on my Limited Conservatorship page.)

How long does it take to get conservatorship in California?

The timeline varies depending on the county, but it's typically three to eight months. A good rule of thumb is to start the process eight months in advance of your child's 18th birthday. To learn more about timing, read my detailed post about how long the process takes.

Some parents don't set up the conservatorship until after their child becomes an adult, and that's okay. You can set up a conservatorship any time during your child's life once they've turned 18. In the meantime, your child holds all decision-making authority for themselves, until a conservatorship is in place.

Let's figure out the right path together

The transition to adulthood is emotional enough. My goal is to make the legal side straightforward, so you can focus on your family. I handle every case personally and I offer flat-fee arrangements for most limited conservatorship cases. If your child's 18th birthday is on the horizon, get in touch to learn whether conservatorship is the right path for your family.

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This article is general information about California law and is not legal advice. Whether your family needs a conservatorship depends on your child's specific abilities and needs. Please consult a qualified conservatorship attorney.