Limited Conservatorships
for the Developmentally Disabled
Parents and family members of adult developmentally disabled individuals are aware of the problems caused by the recent enactment of privacy regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). One of the most unfortunate results of these regulations is the refusal of some facilities and providers to allow parents or responsible family members to continue acting on the behalf of the developmentally disabled adult.
If a health provider will not accept an authorization signed by the developmentally disabled individual waiving their privacy rights, or if the individual is clearly unable to knowingly sign an HIPAA waiver, sometimes a limited conservatorship is the only remaining tool. There are other situations where a limited conservatorship for a developmentally disabled adult is indicated as well.
We can help you analyze your family's situation, and if required, represent you in petitioning the court and establishing a limited conservatorship.
San Diego Elder Law Center
Philip P. Lindsley, JD, CELA
Certified Elder Law Attorney
(619) 235-4357