The cases of conservatorship are not highlighted in the news. That is only because it helps families to stay in peace while taking care of their adult children – who cannot take care of themselves. And not all conservatorships are about young, famous pop stars. The conservatorship was brought by Britney Spears and her father into the spotlight recently and that led to the #FreeBritney movement. Since then, the curiosity around conservatorship is building up quickly, and more and more people are wondering what conservatorship exactly means and what it is all about.

In this blog, we will discuss the meaning of conservatorship, how it helps families with disabled children, and much more. So, stay tuned.

What does conservatorship mean?

In the United States, the law identifies all adults capable of handling their own affairs unless someone has a disability and the judge approves that that person needs to live under the care of another adult. This legal arrangement is known as conservatorship in California. Such legal arrangements are approved for only impaired adults.

How does conservatorship help families?

Just imagine a family with a disabled child. What happens when that child with a disability turns 18? The law declares that person officially an adult, but the mere change in legal status makes no change in his/her condition. It can be detrimental to the health or financial security of the young adult child with a disability.

In such a case, seeking a limited conservatorship over their young child with a disability provides the family with peace of mind and helps protect the interests of that child. It allows the parents to continue as a “legal guardian” for their young child with a disability and have care, custody, and control of their incapacitated child.

To get a conservatorship, parents must go through a court process to request such powers and take away those powers from their child who has a disability.

What powers may be granted by the court to the parents under conservatorship law?

If the disability of a young adult child makes him/her unfit or unsafe to live with complete freedom, the court may grant many powers to the parents over their young adult child with a disability. These powers are as follows:

  • Determine the fixed residence or specific dwelling of the incapacitated young child
  • Provide access to the confidential records and papers of that young child with a disability.
  • Control the right of the disabled young adult child to enter into contracts
  • Provide or withhold the medical consent concerning the young adult child
  • Make decisions regarding the education of the disabled young child
  • Provide or withhold the consent of marriage of the disabled young adult child
  • Control the social and sexual relationships of the young adult child with a disability (usually, courts are reluctant to grant this specific power)

In addition, the court may also grant powers to the parents over the money and assets that belong to their young adult child.

In California, conservatorships exist for the good of families with young adult children who are seriously impaired or have a serious mental health condition and thus, are unable to care for themselves. So, if you are a family in a similar situation, you can apply for a conservatorship in California.