With a few modifications, this is from the Santa Clara web site.
“Who decides if an adult is developmentally disabled (DD)?
“The Regional Center in your community (San Andreas Regional Center covers Santa Clara County, Santa Cruz County, San Benito and Monterey County) will test the proposed conservatee to see if s/he is developmentally disabled.
“Generally, a person qualifies as developmentally disabled if s/he has an IQ less than 70 or is diagnosed with autism. There are five eligible conditions to qualify under at any age for Regional Center services. The dsability must have been present before the person became age eighteen.
“Other conditions can qualify too. If the Regional Center accepted the person as a consumer shortly after birth, then s/he automatically qualifies.
“But, if the person has never been tested or accepted as a regional center consumer, s/he must be tested.
“If the Regional Center feels the person does not qualify, and you disagree, you can appeal to the Area Board in your region. In Santa Clara County, the area board supervising the San Andreas Regional Center is Area Board VII.
“What kinds of decisions does a limited conservator make?
At the hearing, the judge will say exactly what rights the conservator has.
Because developmentally disabled people can usually do many things on their own, the judge will only give the limited conservator power to do things the conservatee cannot do without help.
The conservator may:
* Decide where the DD adult will live (but, NOT in a locked facility).
* Look at the DD’s adult confidential records and papers.
* Sign a contract for the DD adult.
* Give or withhold consent for most medical treatment (NOT sterilization and certain other procedures).
* Make decisions about the DD adult’s education and vocational training.
* Place the DD adult at a state hospital for the developmentally disabled (a locked facility, like Agnews Developmental Center).
* Give or withhold consent to the DD adult’s marriage.
* Control the DD adult’s social and sexual contacts and relationships.
* Manage the DD adult’s financial affairs.
“Any adult developmentally disabled person for whom guardianship or
conservatorship is sought pursuant to this article shall be informed
by a member or designee of the regional center and by the court of
the person’s right to counsel; and if the person does not have an
attorney for the proceedings the court shall immediately appoint the
public defender or other attorney to represent the person. The
person shall pay the cost for such legal service if able.
“If an affidavit or certificate has been filed, as provided in
Section 416.7, evidencing the inability of the alleged
developmentally disabled person to be present at the hearing, the
psychologist …. assisting in preparing the report and
who is required to visit each person as provided in Section 416.8
shall communicate such information to the person during the visit,
consult the person to determine the person’s opinion concerning the
appointment, and be prepared to testify as to the person’s opinion,
if any.
416.17. It is the intent of this article that the director when
acting as guardian or conservator of the person of a developmentally
disabled person through the regional center as provided in Section
416.19 of this article, shall maintain close contact with the
developmentally disabled person no matter where such person is living
in this state; shall act as a wise parent would act in caring for
his developmentally disabled child; and shall permit and encourage
maximum self-reliance on the part of the developmentally disabled
person under his protection.
The above is from the web site for Superior Court of Santa Clara County
To contact San Andreas Regional Center for information, go www.sarc.orgSan Andreas Regional Center
Does it cost money to be evaluated for a conservatorship by the Regional Centers?