California Adult Guardianship

Why California Does Not Have "Adult Guardianship"

If you have been searching for "California adult guardianship," the results probably confused you. California uses the term guardianship exclusively for minors under 18. For adults, the legal process is called a conservatorship.

This is not just a technicality. Filing the wrong type of petition, searching the wrong court self-help pages, or citing the wrong statutory framework can delay your case by months. Parents who move to California from states that use "guardianship" for adults (most other states do) frequently run into this terminology wall.

A conservatorship is a court-supervised arrangement where a judge appoints someone (the conservator) to make decisions for an adult who lacks the capacity to handle their own personal care, finances, or both. California recognizes two primary types for people with disabilities: limited and general.

Limited vs. General Conservatorship

Limited conservatorship is designed specifically for adults with developmental disabilities — autism, Down syndrome, cerebral palsy, intellectual disability, and similar conditions. Under Probate Code Section 2351.5, the conservatee retains all rights except those the judge explicitly transfers to the conservator. The court can grant up to seven specific powers: fixing residence, accessing confidential records, consenting to marriage, controlling contracts, making medical decisions, managing social and sexual contacts, and directing education.

In practice, California courts most commonly grant powers over confidential records, contracts, and medical treatment. Powers over marriage and social/sexual relationships are heavily scrutinized and rarely granted without evidence of active exploitation or abuse.

General conservatorship is for adults who have lost capacity due to age, severe brain injury, or major neurocognitive disorders like dementia. It imposes broader restrictions and is almost never appropriate for a young adult with a developmental disability transitioning from high school.

You Might Not Need Either

Since AB 1663 took effect in January 2023, California probate courts are prohibited from granting a conservatorship unless they make an express finding that it is the least restrictive alternative necessary. Judges must consider whether Supported Decision-Making Agreements, Powers of Attorney, and Advance Health Care Directives could adequately protect the individual.

For many families, these private tools handle the transition. A Supported Decision-Making Agreement lets your child choose trusted supporters to help them understand and communicate decisions — without giving up any legal rights. A Durable Power of Attorney for Finances and an Advance Health Care Directive cover financial and medical decision-making. An Assignment of Educational Decision-Making Authority preserves your participation in IEP meetings.

None of these require court involvement. They cost little beyond notary fees and can be signed on your child's 18th birthday.

When a Conservatorship Is the Right Call

Some families genuinely need the enforcement power of a court order. If your child cannot express preferences even with augmentative communication and extensive support, private planning documents may not be executable — you need someone with legal capacity to sign them. If your child faces active financial exploitation, an emergency temporary conservatorship provides immediate court-backed protection that a voluntary SDM agreement cannot.

The filing process takes three to six months in most California counties, costs $3,000 to $10,000 in attorney fees for an uncontested petition, and requires a court investigator home visit, a regional center assessment when the proposed conservatee is a regional-center client or consents to the assessment, and court-appointed counsel for the proposed conservatee.

Getting Started

The first step is understanding your child's actual capabilities — not what a diagnosis label suggests, but what they can do with appropriate support. Our California Adult Guardianship & Alternatives Guide includes the capability assessment worksheets that California courts expect families to have completed, plus step-by-step preparation for every instrument from SDM agreements through limited conservatorship petitions.

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