Limited vs. General Conservatorship in California
The difference between a general and limited conservatorship comes down to who the conservatorship is for and how much authority the conservator has. A general conservatorship is for adults who can't care for themselves or manage their finances, usually due to serious illness, injury, or advanced age. A limited conservatorship is for adults with developmental disabilities who need support in specific areas.
California also has a separate mental health conservatorship, called LPS, which follows its own laws and procedures. Our firm doesn't handle LPS conservatorships, and this post focuses on Probate Code conservatorships only.
Limited conservatorship: preserving independence
A limited conservatorship is designed for adults with developmental disabilities such as autism, intellectual disability, cerebral palsy, or epilepsy. The guiding principle is that these individuals can often do a great deal for themselves and should keep as much independence as possible.
Because of that, California law defines seven specific powers, and the judge grants only the ones the individual actually needs help with:
Deciding where the person lives
Consenting to medical treatment
Accessing confidential records
Entering into contracts
Making decisions about education
Giving or withholding consent to marriage
Controlling social and sexual relationships
A limited conservator might receive all seven powers or just some. The court tailors it to the person. Learn more on the Limited Conservatorship page.
General conservatorship: stepping in fully
A general conservatorship is for adults who once managed their own lives but no longer can — most commonly because of dementia, Alzheimer's, or a traumatic brain injury. Here, the conservator generally has full decision-making control over the person's life: where they live, what medical care they receive, how their basic needs are met, and access to their confidential records. If appointed conservator of the estate, they also manage the person's finances. Learn more on the General Conservatorship page.
What's the same
Both are probate court proceedings with the same protective structure: a petition, formal notice to close relatives, a court investigation, an attorney for the proposed conservatee, and a hearing before a judge. Both typically take three to eight months, and both offer a temporary conservatorship option — arranged in a matter of weeks — when there's an urgent situation that can't wait.
Both types also require the court to consider whether a less restrictive alternative — like a power of attorney, an advance health care directive, or a supported decision-making agreement — could meet the person's needs before granting the conservatorship.
Which one does your family need?
Still need guidance? I handle both types of conservatorship and serve families throughout the greater Bay Area and beyond.
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This article is general information about California law and is not legal advice. For guidance on which conservatorship fits your situation, please consult a qualified attorney.
