California Alternatives to Conservatorship Disability

Why Alternatives Come First

Since AB 1663 took effect in January 2023, California probate courts cannot grant a conservatorship unless the judge finds it is the least restrictive alternative necessary. Under Probate Code Section 1800.3, the court must explicitly consider whether less intrusive tools could protect the individual. The petition and investigation should address why those tools would not adequately protect the individual; otherwise, the court may require more information before proceeding.

This is not just a procedural checkbox. California law now presumes that adults with disabilities are competent. A disability diagnosis alone does not justify removing someone's rights.

The Five Alternatives

1. Supported Decision-Making Agreement (SDMA)

Under Welfare and Institutions Code Sections 21000–21008, your adult child can appoint trusted supporters to help them understand, make, and communicate decisions across any life domain — medical, financial, housing, education, social relationships.

Supporters have no legal authority to decide for the person. They help explain options, attend meetings, and facilitate communication. Third parties (hospitals, schools, banks) are required under WIC Section 21004 to allow supporters to be present.

Best for: Adults who can express preferences and indicate who they trust, even if they need significant help processing complex information.

Limitations: Voluntary and revocable at any time. If a third party pushes back, enforcement requires complaint escalation rather than presenting a court order.

2. Durable Power of Attorney for Finances

Under Probate Code Section 4000, your child appoints an agent to manage bank accounts, pay bills, sign contracts, and handle financial transactions. It can be immediate or "springing" — taking effect only upon documented incapacity.

Best for: Adults who understand the concept of delegating financial authority to a trusted person but need someone managing day-to-day money decisions.

Limitations: The agent cannot authorize involuntary placement, make a will on behalf of the principal, or override the principal's expressed wishes on medical care. The SSA does not recognize a state Power of Attorney for managing SSI payments — that requires a representative payee (see below).

3. Advance Health Care Directive (AHCD)

Under Probate Code Section 4600, your child designates a healthcare agent to make medical decisions when they cannot communicate their own, and spells out treatment preferences. This is the single most important instrument for maintaining medical access after age 18.

Best for: Any adult who can understand the basic concept of choosing someone to talk to their doctor for them.

Limitations: Covers only healthcare. The agent cannot authorize involuntary mental health commitment, psychosurgery, sterilization, or convulsive therapy.

4. Representative Payee

The Social Security Administration operates its own system, entirely separate from California probate courts. If your child receives SSI, you can apply to the SSA to be designated as their representative payee — receiving and managing benefit payments solely for the beneficiary's needs.

Best for: Managing SSI and Social Security benefits. A representative payee costs nothing to establish and requires no court involvement.

Limitations: The SSA does not recognize California Powers of Attorney, conservatorship orders, or SDM agreements for benefit management. You must apply through the SSA's own process.

5. Special Needs Trust and CalABLE Account

If your child holds or will receive assets through inheritance or legal settlements, these funds can be placed in a Special Needs Trust to preserve Medi-Cal and SSI eligibility. A CalABLE account lets individuals with disabilities save up to $15,000 annually (more if employed) in a tax-advantaged account without affecting their SSI resource limits.

Best for: Protecting assets while maintaining public benefit eligibility. Trusts require legal drafting ($1,500–$5,000 for a standard first-party or third-party SNT), but CalABLE accounts can be opened independently.

Limitations: Trusts manage assets, not daily decisions. They are financial instruments, not substitutes for medical or personal decision-making authority.

Combining Instruments

Most families use a combination. The practical "full coverage" package for a capable adult with a disability:

• SDMA for general life support
• AHCD for medical decisions
• Durable Power of Attorney for finances
• Assignment of Educational Decision-Making Authority for IEP participation
• Representative payee for SSI management
• HIPAA authorization for medical records access

This combination can address many transition domains without court involvement, investigator visits, or ongoing reporting obligations.

When Alternatives Are Not Enough

If your child cannot express preferences even with augmentative communication and extensive support, they likely cannot execute these voluntary instruments. In that case, a limited conservatorship — tailored to only the specific powers needed — remains the appropriate path.

The California Adult Guardianship & Alternatives Guide includes the capability assessment framework that helps you determine which alternatives your child can use and which domains, if any, genuinely require court authority.

See more California guides →