Conservatorships/Guardianships

Conservatorships for Adult Disabled Children

Limited Conservatorships | General Conservatorships | Guardianships

If your family has an adult child with a developmental disability, you're concerned about his or her long-term care while maintaining as much of his or her independence as possible. Or perhaps you're worried that an elderly parent can no longer manage their own financial and health care matters.

Janet Miller has extensive experience in creating limited conservatorships for disabled adults and general conservatorships. In a free, confidential initial consultation at 408-873-9944, she can explain the process and your options.

Limited Conservatorships for Adult Children

When a developmentally disabled person turns 18, he or she becomes an adult in the eyes of the law, and without the creation of a limited conservatorship, the parents no longer have legal rights regarding that child.

Obviously, the opportunities for exploitation by others, as well as misfortunes through poor judgment or inexperience, make it highly desirable that a trusted family member to continue to protect and advocate for the developmentally disabled individual.

Santa Clara County conservatorship attorney Janet Miller can help persons in this situation file a petition for limited conservatorship. The court will appoint a conservator, usually a parent and/or other close relatives, to supervise the most important decisions their vulnerable child or sibling might make. There are two types: (a) conservatorship over the person and (b) conservatorship over the estate. Both may be warranted.

The conservatorship as a whole, or specific powers, can be contested, and Ms. Miller's extensive background in the special services system proves invaluable in serving disabled children by protecting the legal authority of their parents. She receives many referrals from that community--from parents as well as professionals serving the developmentally disabled population.

The terms and conditions of the limited conservatorship should be drafted so as to minimize any interference with the protected person's independence, yet address concerns such as access to medical records, employment decisions, medical consents, and place of residence.

Ms. Miller can also establish a special needs trust in conjunction to provide financial security for your adult disabled child.

General Conservatorships

As older family members begin to lose their mental faculties, it may be desirable to intervene by petitioning for a general conservatorship. This can be requested as power over the person to prevent their physical and medical well-being, or power over the estate to take control of financial matters.

Guardianships

If you have assumed the care of children whose parents no longer provide that care, Ms. Miller can help you establish guardianship over the children to ensure you have the legal right to care for them.

Knowledge, Experience and Demonstrated Compassion

Janet Miller is herself the parent of a disabled child. She appreciates the difficulty in navigating the complicated special services system, and the need for parents to obtain a limited conservatorship. She has served the disability community in various capacities, for example as a board member of the San Andreas Regional Center.

Contact her Cambell office at 408-873-9944 for a free and confidential initial consultation.