Families with a developmentally disabled adult child having autism, down syndrome, etc. It requires a court hearing with all interested parties present. Once the disabled child reaches the age of 18, his or her parents are no longer able to make personal medical, and financial decisions for him or her. We can help you get a conservatorship over your child upon entering adulthood. Before deciding a person with a disability needs a conservatorship, the individual's ability to make choices and alternate ways to help the person make decisions must be considered. In the state of California, there are two types of conservatorships. A conservatorship is a voluntary action brought before the courts in New Jersey which enables an appointed conservator (such as an adult child) to take actions such as to make financial transactions on behalf of the protected person. Although some disabled adult children may be competent enough to manage most of their money, parents should seriously consider obtaining a conservatorship. If the conservatorship is established, the individual or conservatee loses many civil rights most of us take for granted. A "Guardian of Property" is someone who is appointed to manage the financial affairs of a person who is mentally incapable of doing so for himself or herself. If the adult you are trying to help does not have a developmental disability but needs help taking care of him/herself or his/her finances, see the About Conservatorships page on this website.If the adult you are trying to help has a serious brain disorder, see the LPS Conservatorship page on this website. Conservatorship and Special Needs Children. What is a Guardian? The developmental disability is due to a mental or physical impairment that started before age 18 and is expected to continue indefinitely. This is especially important for families who have children with special needs and who are currently receiving behavioral therapy. If you have questions concerning guardianships or conservatorships, feel free to contact our experienced Alabama Guardianship and Conservatorship attorneys. A limited conservatorship is intended for someone who is developmentally disabled. This is authority to make decisions for a disabled adult, such as parents or other relatives acting as conservators for an adult disabled child. Upon reaching the age of 18, everyone is considered an adult, and allowed by law to make their own decisions. That is, a limited conservatorship is tailored to the needs of the disabled adult (some circumstances require only a few powers over the disabled adult child whereas in other circumstances all powers are appropriate). You will note several sections where we indicate that there is disagreement within the legal community about a particular practice or an aspect of the process. The court appearance took about 15 minutes. Designate a standby guardian. Remember that as a parent of a child with a disability, your planning will ensure that he or she will be cared for in the best way possible when you are no longer able to do so. These webpages have successfully been used by many people to self file and represent themselves in Probate Court for conservatorship of their intellectual disabled child. When a disabled child turns 18 years old, many parents assume they will automatically continue to be his legal guardian. Email us or call us toll free at 1-800-255-6534. There have been no reported problems. In this situation, the adult child retains the authority to make some decisions, such as where they live, but the conservators can handle the financial matters. Regional Center. ABOUT CONSERVATORSHIP Conservatorship is a serious matter. However, these things don’t make you the legal guardian. If the child is able to make good decisions, then he or she may not need full guardianship. Health Care. Conservatorships are often appropriate for elderly adults with memory problems. Once children reach the age of 18, they are considered adults and generally do not need to abide by their parents’ wishes. California law allows a relative of the child to fill out a Caregiver’s Authorization Affidavit to enroll the child in school and secure medical treatment for the child. Unlike a general Conservatorship, you have to ask the Court for specific powers. If one parent dies, the surviving parent continues as natural guardian. Limited conservatorship. A Guardian may be appointed by the Office of the Public Guardian and Trustee (OPGT) or by the court. Source: California Legislative Information, “Family Code – FAM Division 9. 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