All individuals with intellectual and/or developmental disabilities (I/DD) have the same rights to personal autonomy, liberty, freedom, and dignity as individuals without disabilities.
Adults with I/DD are presumed to be competent and able to make their own decisions with and without support. The individual’s diagnosis and communication challenges should not be presumed as a lack of competency to make decisions.
Individuals with I/DD should receive the opportunities and experiences throughout their life to develop and support their decision-making skills. These may include:
- Information about a variety of formal and informal supports to carry out their decisions and preferences, including supported decision-making, healthcare proxies and advance directives.
- Access to educational opportunities and experiences to learn decision-making skills.
- Access to formal and informal decision-making supports based on their preferences and choice.
Click here to read more about DDS’ Conservatorship Values and Principles.
A conservatorship happens when a judge decides an adult who is served by a regional center:
- Can’t take care of themselves
- Needs someone else to make decisions for their health, safety and well-being
- And there are no other ways to help the adult make decisions
Effective January 1, 2023, a conservatorship request must say what alternatives were considered by the petitioner and why they are not suitable.
The judge chooses someone to make decisions. The person chosen to make decisions is called a conservator. The adult served by a regional center is called a conservatee. The conservator can be a family member or friend. A conservator also can be an agency like DDS, a regional center prior to January 1, 2023, or a county public guardian.
There are different kinds of conservatorships. These include:
- Limited
- General, of the:
- Person
- Estate
- Lanterman-Petris-Short (LPS)
- Dementia
Conservatorships for individuals with I/DD should be limited. This means the judge decides if the conservator makes decisions in one or more of these areas:
- To determine where to live
- To have access to confidential records
- To control the right to marry
- To control the right to contract
- To give consent for medical treatment
- To control social and sexual contacts
- To make educational decisions
- Frequently Asked Questions about Limited Conservatorships
- Fact Sheet about DDS and Regional Center Roles in Conservatorships
Conservatorships for individual’s with I/DD are usually limited conservatorships. The judge must consider whether a conservatorship is the least restrictive alternative for the individual’s protection. Alternatives to conservatorship are:
- Supported decision-making
- Power of attorney
- Health care directive
- Representative payee
- Authorized representative
Additional alternatives can be found in the Frequently Asked Questions below.
DDS is rarely the conservator for a regional center client. DDS only accepts a conservatorship as a last resort. Decisions about conservatorships are made individually and only when necessary to protect the health, safety, and welfare of the person and when there are no less restrictive options and no others who are able to be the conservator.
DDS monitors its conservatees needs, services, and health and safety. DDS regularly reviews the need for conservatorship and terminates those that are no longer necessary.
As of January 1, 2025 DDS is the conservator for 361 people.
Regional center responsibilities for DDS conservatees have increased. Regional centers must give DDS a monthly report and do a person-centered review every other year for each conservatee. They are required to routinely assess if the conservatorship is still needed or if there are others who are able to be the conservator. During 2022 through 2024 each conservatee was seen by the Department of Social Services (DSS), the Department of Public Health (CDPH), or the Office of the Ombudsperson. These independent visits were in addition to regular visits by regional center staff, DDS staff, and independent advocacy groups. These requirements and visits help ensure the health, safety, and welfare of individuals conserved by DDS.
Chart of decreasing conservatorships
- Guidance and Correspondence to Regional Centers
Below you will find information about conservatorships, the relevant California Laws and other available alternatives.
- Assembly Bill 1663: Amendments to Conservatorship Law
- Conservatorship and Guardianship for Developmentally Disabled Persons
- American Bar Association: Less Restrictive Options to Conservatorship
- American Civil Liberties Union: Supported Decision-Making Resource Library
- UC Davis MIND Institute: Supported Decision-Making
- Expert Panel: Review of California Department of Developmental Services Conservatorship Program Report
- Handbook for Conservators
Please note: In other states, a conservatorship may be called a guardianship.
If you have additional questions or need more help, the following organizations are available to contact:
- DDS Office of the Ombudsperson
- State Council on Developmental Disabilities
- Disability Rights California, Office of Client’s Rights Advocacy
Last modified: June 17, 2025
