What Is a Conservatorship in Kern County, CA?
So, just what is a conservatorship in Kern County, CA in the first place? Simply put, a conservatorship is the United States legal process for establishing a legal caregiver. This person (the conservator) oversees the affairs of another individual (the conservatee) who is not in the best position to look after themselves.
As we mentioned at the outset, there are a lot of reasons why private individuals might not be able to manage their health care, bills, or other daily needs. This might result from:
- Advanced age
- Health issues
- Disability (psychological or physical)
A conservatorship may be established for a short while or long term depending on the degree of dependence.
Conservatorship and Guardianship Law in California
No matter where you are in the US, a conservatorship involves looking after and handling an individual’s affairs. However, the definition of a conservatorship can differ relying on which state you live in. The confusing component is determining if the conservatee is minor or adult. Adult treatment in some states, including California, is called conservatorship. However, in various other states like Texas, it is called guardianship.
On the other hand, for arrangements involving children, California regulation requires guardianship. Texas law, on the other hand, identifies it as conservatorship.
Confused? Don’t worry; just remember that in CA, conservatorships are for adults only.
What Is a Conservatorship Specialist?
Have you heard the term “conservatorship specialist”? Such a person might sound like an expert who can help you with your Kern County conservatorship. However, in Kern County, CA, such a conservatorship specialist does not exist. Here’s why.
You already know that in Kern County, CA, as with the rest of the Golden State, a setup for the care of a minor is called guardianship. In states where these arrangements are called conservatorships, conservatorship specialists are charged by the state with organizing and taking care of the conservatorship for the minor.
In states like this, such as Texas, a conservatorship specialist may take over after kids are removed from their homes due to child abuse, the inability to properly care for a disabled child, or some other factor. These eligible children are then placed with a minor conservator. This occupation relates to many others available in other states, such as a public guardian.
A conservatorship specialist’s job can include:
- Getting criminal background information about potential caretakers and screening for pertinent work experience
- Finding the right sort of caseworker to collaborate with eligible children
- Acting as an examination specialist for the continued well-being of the kid
If you were searching for this term hoping to discover someone to help you with your conservatorship, you are not the only one! Conservatorship specialists might have a niche market, but there are lots of locations where Kern County residents can obtain legal conservatorship aid. Prior to getting into that, let’s take a closer look at conservatorship in California and Kern County by extension.
Types Conservatorship in Kern County, CA
Not all conservatorships in Kern County are alike. Professional conservators, Adult Protective Services, and others in the industry will tell you that conservatorships vary in both duration and type. Let’s take a look at a few of the common versions below.
Note that we do not cover conservatorships that are unusual for elderly people here. If you require information on a limited conservatorship, Murphy conservatorships, or LPS conservatorship (based on the Lanterman-Petris-Short Act), click the links to review our articles on those arrangements.
Conservator of the Person and Conservator of the Estate
A conservator provides solutions and makes important decisions for the incapacitated individual. For lots of people, the conservator is a loved one; for example, you could end up being a conservator for a senior mom or dad. Nevertheless, there are also specialist conservators who make occupations of conservatorships. A private conservator has to be compensated for their services, so if your loved one has limited resources, a relative may be the best candidate for the job.
A conservator in Kern County can be 1) a conservator of the person or 2) a conservator of the estate. In the first circumstance, the conservator must arrange for the daily care of the conservatee. On the other hand, a conservator of the estate handles the economic aspects of the incapacitated person. Here are a few of the responsibilities of the conservator in both situations.
Responsibilities as Conservator of the Person
- Arranging for the conservatee’s medical care services, entertainment, apparel, food, homemaker services, transportation, and personal treatment
- Choosing where the conservatee lives
- Ensuring a high level of care by advocating for the conservatee
- Checking in with the court about the conservatee’s situation
Responsibilities as Conservator of the Estate
- Taking control of the conservatee’s possessions
- Handling the conservatee’s financial transactions and financial resources
- Paying the conservatee’s bills
- Collecting earnings for the conservatee
- Taking care of the conservatee’s investments to encourage economic growth
How to Become a Conservator in Kern County, CA
If you want to fill the role of a conservator for a loved one in need of short-term or long-term care, you need to first submit some documents to the court. This kickstarts the process of scheduling a hearing, informing relatives, and eventually receiving letters of conservatorship.
You’ll need to take the following steps to become a conservator:
- File all the papers with the notary
- Schedule a hearing
- Arrange for someone to serve the conservatee and relatives with a notice of the hearing. It’s best if you can get informed consent from the conservatee
- Attend the hearing and legally promise you’ll do all responsibilities approved to you
- Acquire a conservatorship bond if you’re going to be a conservator of the estate. This assures that you’ll execute your responsibilities and safeguards against financial abuse of elderly individuals
In Kern County, all your court appearances for legal matters relating to the conservatorship will take place at the Kern County Superior Court, located at 1415 Truxtun Ave, Bakersfield, CA 93301, United States. At the time of writing, hours of service are from Monday to Thursday 8 a.m. to 4 p.m., and on Fridays from 8 a.m. to 12 p.m. You can check the court website of call 661-868-5393 to get the latest information on hours, COVID restrictions, and the like.
Alternatives to Conservatorships in Kern County, CA
Probate conservatorships are important when the individual can’t make decisions for themselves due to a mental disorder, advanced age, or some other circumstance. However, when disordered persons are appointed a conservator, they lose some powers and lawful rights. As a result, it’s best to review various other options prior to making a decision to seek a conservator of persons position.
There are some sensible other options for conservatorships. Alternatives to conservatorship for some people include:
- Selecting someone to live with and care for the person
- Appointing a representative to help the person with their financial decisions
- Appointing a power of attorney
- Seeking help from Kern County Aging and Adult Services, a senior nutrition program, a health maintenance organization, developmental assessment services, or other resources
Termination of Conservatorship
Any type of conservatorship, not just a temporary conservatorship, can be ended. There is ground for termination, even involuntary discontinuation if a permanent handling conservator acts poorly. In cases like this, the conservatee or another party can file a petition for discontinuation. This is true even if there is a desire against termination from the conservator themselves.
In extreme cases, this can even cause the conservator to have to hire Kern County counsel for legal services. This can happen if the conservator threatens the physical health and wellness or full legal rights of the conservatee. Evidence pertinent to the case, such as proof of household physical violence, can be used in such cases.
If someone levies such accusations against you as a conservator, it’s time to make active efforts to protect yourself on your own by hiring an attorney.
Get Help with Your Kern County, CA Conservatorship from A People’s Choice
You might not be able to get help from a conservatorship specialist in Kern County, but there are plenty of other conservatorship solutions you can seek as you prepare for probate court. If you require more information regarding your future duties and the procedure of conservation treatment encasement, you can check out the California probate code. We at A People’s Choice can also offer help.
Court paperwork involves complex legalities the average county resident won’t want to deal with. However, direct supervision from a lawyer can be cost-prohibitive. Through our legal document preparation services in Kern County, CA, we seek to guarantee that every specific person receives the best support and assistance with their legal forms. We also offer additional services for a range of paperwork relating to probate matters in Kern County. You can start below or call us straight at 800-747-2780, to begin your conservatorship today.