The Seven Powers of a Limited Conservatorship in California
A limited conservatorship is built on a single idea: an adult with a developmental disability should keep as much independence as possible, and a conservator should hold only the specific decision-making authority that person genuinely needs. California law puts that idea into practice through seven distinct powers listed in Probate Code Section 2351.5.
When you petition the court, you request the particular powers that fit your loved one's situation, and the judge grants only the ones the evidence supports. Let’s take a look at the seven powers.
1. The power to decide where the conservatee lives
This is the authority to fix the residence of the limited conservatee. The conservator may be granted the power to decide where the conservatee lives and to give prior consent to any change of residence. In practical terms, it means you choose the living arrangement (family home, supported living, a group home, and so on) and that your loved one can't be moved somewhere new without your approval.
Families often request this power to keep a vulnerable adult in a safe, stable setting and to be able to navigate housing options through the Regional Center.
2. The power to access confidential records
This grants access to the confidential records and papers of the conservatee — medical records, school records, financial statements, and similar documents that would otherwise be considered confidential once an individual turns 18.
You can't advocate effectively for someone if you can't see the information. This power lets you talk to doctors, review medical and educational records, and stay informed enough to make good decisions on the conservatee's behalf.
3. The power to withhold consent to marriage or domestic partnership
This is the authority to withhold consent to the conservatee's marriage or entrance into a registered domestic partnership. Its purpose is to guard against exploitation. Adults with developmental disabilities can be targets for predatory relationships aimed at their benefits, assets, or immigration status, and this power gives a conservator the legal standing to step in where a marriage would not be in the conservatee's best interest.
4. The power to contract
This power lets the conservator enter into contracts on the conservatee's behalf and set aside (undo) contracts the conservatee has entered into. In everyday life, this means you can handle agreements the conservatee couldn't safely navigate alone and unwind a contract they were talked into, an increasingly important protection. (Note: this power concerns contracts. Broader authority over the person's money and property comes through a separate appointment as conservator of the estate.)
5. The power to consent to medical treatment
This grants the power to consent to medical treatment on the conservatee's behalf.
This is one of the most commonly requested powers, because so much of protecting a loved one's wellbeing runs through healthcare decisions, including accessing their online portal, making medical appointments for them, consenting to treatment, coordinating with providers, and everything involved with making sure medical needs are actually met. A Capacity Assessment is required by a California licensed MD stating that the individual does not have the capacity to make their own medical decisions.
6. The power to control social and sexual contacts and relationships
This is the authority to control the social and sexual contacts and relationships of the conservatee. It's one of the most sensitive of the seven powers, and courts scrutinize it closely because it touches deeply personal aspects of a person's life.
When it's granted, its purpose is protective by shielding a vulnerable adult from abuse, exploitation, or dangerous relationships. Because it's so significant, a court will expect a clear, specific justification tied to the individual's actual needs, and will weigh it carefully against the person's right to relationships and self-determination. It is not granted lightly or by default.
7. The power to make decisions about the conservatee’s education
The power to make decisions about education can include enrollment, program placement, and educational planning. It's especially relevant for conservatees who are still eligible for education or training services since it lets the conservator advocate for and coordinate the right educational supports. It can allow you to act as a partner withpublic agencies in designing and developing programs of education, and social and vocational opportunities.
In practice, this makes you the legal decision-maker for schooling and the recognized partner when working with Regional Centers, schools, and service providers to build the conservatee's support plan. The statute puts the goal right in the text: these programs should "foster the maximum self-reliance and independence of the limited conservatee." That single phrase captures the whole philosophy behind a limited conservatorship. It isn't about control for its own sake. It's about helping your loved one become as independent as they're able to be.
The court grants only what's needed
It's worth repeating, because it's the defining feature of a limited conservatorship: you request specific powers, and the judge grants only those the evidence supports. The Regional Center's assessment and the Court Investigator's report help the judge decide which powers fit your loved one and which they can handle on their own. Every right not specifically transferred to the conservator remains with the conservatee.
California law also requires the court to consider whether less restrictive alternatives, such as Supported Decision-Making, a power of attorney, or an advance health care directive, could meet the need before granting any of these powers.
Have questions about limited conservatorship?
Every family's situation is different. Figuring out the right path for your loved one, including which powers to request, isn't something you should have to sort out alone. I help families through every step of a limited conservatorship, from the initial petition to ongoing questions after it's granted. I handle every case personally, offer flat-fee arrangements for limited conservatorship cases, and run free workshops on conservatorship and its alternatives.
Get in touch for a consultation → Learn more on the Limited Conservatorship page.
This article is general information about California law and is not legal advice. Probate Code Section 2351.5 governs the powers of a limited conservator; how it applies depends on the individual's specific needs. For guidance on your situation, please consult a qualified conservatorship attorney.
