Special Ed Speaks

There are several alternatives to conservatorship, depending on what kind of help the person needs. Conservatorship is very restrictive (it removes a lot of a person’s rights), so courts often prefer less invasive options first.

Alternatives are generally about supporting a person to stay as independent as possible, rather than taking over completely like conservatorship does.

Here are some common alternatives.

Instead of taking rights away, the person gets help from trusted advisors but keeps their legal authority. Supported decision making is becoming more popular, especially for adults with disabilities.

The person voluntarily gives someone else the authority to make decisions (financial, medical, or both) on their behalf. There are different types, like “durable” (stays active if the person becomes incapacitated) or “springing” (only takes effect under certain conditions).

A document where someone appoints another person to make medical decisions if they can’t. This person acts on your behalf to authorize or refuse treatment, access your medical records, and make other healthcare choices. 

Someone appointed by the Social Security Administration (SSA) to receive and manage the Social Security or Supplemental Security Income (SSI) benefits of a beneficiary who is deemed unable to manage their own funds.

A trustee manages specific assets for the person, often used for special needs planning without restricting personal decision-making in other areas.

If someone can make personal decisions but needs help only with finances, a limited guardianship or estate conservatorship could be used instead of full conservatorship.

A simpler option where someone helps manage money without a full court process.