What Are the 7 Powers of Conservatorship in California?

The “7 powers of conservatorship” in California is a precise legal term, and it comes from one statute: Probate Code section 2351.5. Those seven powers apply to a limited conservatorship, the type created for adults with developmental disabilities, not to the general conservatorship families usually seek for an aging parent. The seven are the power to decide where the person lives, access their confidential records, consent to marriage, control their right to contract, give or withhold medical consent, control social and sexual relationships, and make education decisions. A judge grants only the ones specifically requested and proven necessary. Everything not granted stays with the conservatee.

What Are the 7 Powers of Conservatorship Under California Law?

Under Probate Code section 2351.5, a limited conservator has none of the following powers unless the petition specifically requests them and the court grants them in its order:

1. To fix the residence or specific dwelling of the limited conservatee.
2. Access to the confidential records and papers of the limited conservatee.
3. To consent or withhold consent to marriage or entry into a registered domestic partnership.
4. The right of the limited conservatee to contract.
5. The power to give or withhold medical consent.
6. The right to control social and sexual contacts and relationships.
7. Decisions concerning education.

Each power a court grants is a right taken away from the conservatee. That is why the statute frames the list as powers a conservator does not have by default. The petition must justify each one separately, with facts showing the person cannot handle that specific area capably.

Which Type of Conservatorship Do the Seven Powers Apply To?

This is the distinction that matters most, and it is where a lot of online information goes wrong.

• Limited conservatorship. For adults with developmental disabilities, defined as conditions originating before age 18 that are expected to continue indefinitely, such as autism, intellectual disability, cerebral palsy, or epilepsy. The seven powers of section 2351.5 apply here. Families often petition around a child’s 18th birthday, when parental authority ends by law.
• General (probate) conservatorship. For adults who cannot care for themselves or manage their finances, most often older adults with dementia, stroke, or advanced illness. Section 2351.5 does not govern this type.
• LPS conservatorship. A separate process under the Lanterman-Petris-Short Act for people with serious mental illness requiring involuntary treatment.

If you are researching options for a parent with Alzheimer’s, the seven powers framework is not the one that will apply to your case. Planning ahead with a durable power of attorney and health care directive usually avoids conservatorship altogether, which is a core part of elder law practice.

How Does a Limited Conservatorship Differ From a General One?

The guiding principle of a limited conservatorship is preserving independence. Probate Code section 2351.5 directs the limited conservator to secure the habilitation, treatment, training, education, medical services, and vocational opportunities that will help the conservatee develop maximum self-reliance and independence.

Key differences:

• Scope. A general conservator has broad authority over care or finances. A limited conservator has only the powers the court itemizes.
• Retained rights. A limited conservatee keeps every legal and civil right not specifically transferred, including the right to vote in most cases, to receive visitors, and to make everyday choices.
• Regional Center involvement. Limited conservatees are usually clients of a California Regional Center, which submits a report to the court on which powers are appropriate.

Under Probate Code section 1801, the powers granted must correspond only to the activities the person cannot handle capably. A judge is not supposed to grant all seven by default.

Are All Seven Powers Usually Granted?

No, and families are often surprised by which ones courts decline.

In practice, the powers most commonly granted are access to confidential records, control of the right to contract, and medical consent, because these address concrete daily needs like coordinating care and preventing exploitation. Requests to fix the residence and make education decisions are granted regularly but sometimes draw questions from the Regional Center.

The two powers courts most often refuse are consent to marriage and control of social and sexual contacts. Many judges view these as fundamental constitutional rights and decline to remove them absent clear evidence, such as a documented history of sexual exploitation or abuse. Some courts deny these requests as a matter of practice.

Since the wave of public attention to conservatorship abuse in recent years, California courts have continued to scrutinize petitions more closely, and that heightened attention carries into 2026. Asking for every power available is often counterproductive.

What Does the Process Involve?

Getting a limited conservatorship is a court proceeding with real safeguards:

1. File the petition (Judicial Council Form GC-310) in the Superior Court for the county where the proposed conservatee lives, itemizing which of the seven powers you seek.
2. Give notice to the proposed conservatee and relatives within the second degree.
3. Court investigation. A court investigator interviews the proposed conservatee and reports to the judge.
4. Court-appointed attorney. The proposed conservatee is represented by counsel.
5. Regional Center assessment, submitted to the court.
6. Hearing, where the judge decides which powers are necessary.

Powers can also change over time. Section 2351.5 allows the conservator, the conservatee, or a relative or friend to petition to add or eliminate powers as circumstances change.

Frequently Asked Questions

Do the 7 powers apply to a conservatorship for an elderly parent?

No. They apply to limited conservatorships for adults with developmental disabilities. A general conservatorship for an older adult is governed by different provisions.

Can a limited conservatee still vote or marry?

Generally yes. A limited conservatee keeps all rights not specifically transferred by court order, and the powers over marriage and relationships are rarely granted.

Do you have to request all seven powers?

No. You request only the powers the person actually needs, and each must be justified separately with supporting facts.

Can the powers be changed later?

Yes. Any of the seven can be added or removed by petition under section 2351.5 when circumstances change.

Is a conservatorship avoidable?

Often, yes. A durable power of attorney and advance health care directive, set up as part of an estate plan while someone still has capacity, can eliminate the need for a court proceeding. Supported decision-making agreements are another alternative for some adults with disabilities.

Ask Only for the Powers Your Family Member Truly Needs

The seven powers exist to protect a person’s autonomy, not to hand over control of an adult’s life. The strongest petitions request the fewest powers necessary, back each one with specific facts, and leave the rest of the conservatee’s rights intact. That approach earns credibility with the court investigator, the Regional Center, and the judge.

If you are preparing for an adult child’s eighteenth birthday, weighing a limited conservatorship against alternatives, or considering a special needs plan alongside it, book a planning session with our team. We will help you request what is genuinely needed and protect your family member’s independence. You deserve it.

References

1. California Probate Code section 2351.5 (powers and duties of a limited conservator).
2. California Probate Code section 1801 (persons for whom a conservator may be appointed).
3. Judicial Council of California, Self-Help Guide: Conservatorship.
4. California Welfare and Institutions Code section 4512 (definition of developmental disability).