Conservatorship

My Krissie was in the Med-I-Cal system. She received help from the local Regional Center and the State Children’s Services. When she turned 17 I was told that she would be in transition to adulthood for her Children’s Services status. They told me also that it was important to look into conservatorship for her. I found out that at age 18, if the Children’s Services client is not able to understand and/or communicate on their own behalf, conservatorship is required in order for the state children‘s services, and other medical personnel, to discuss treatment. I had heard horror stories about families not getting it and having their children removed from the care of their families because the medical facilities didn’t agree with how the parents wanted the care of the Special Needs child to be administered.

What is Conservatorship and Do I need it? Conservatorship is a legal arrangement, approved by a judge, where a responsible person (me) takes care of another adult (Kristol) who cannot care for him/herself. This caregiver need not be a relative, and does not manage property. The responsible person is called a Conservator (me). The adult being taken care of is called a Conservatee (Kristol). This is a court supervised process. It takes a lot of determination, dedication and patience. It takes a while but is so very important. When I thought that medical people, people in our county and state government could take my baby away because they didn’t agree with my decisions for my daughter I started to panic, a little. I believe that God gives us wisdom, and that to know I should do something and not do it, for me, isn’t very wise. So I prayed that God would open a way for me to get conservatorship for my daughter.

Starting out, I found out that a legal attorney would run into the thousands, so that was out of the question. Which meant that I had to do it myself! In our county there is a Legal Aid Society. I am pretty sure every county has one. They are designed for people within a certain income to apply for any type of legal aid. You have to go to the designated site, stand in line, fill out papers, stand in line again, wait, sit down with someone and explain why you are there and then they will set up a time for you to come back to get to get your papers and once again, you wait some more! The first time that I went to the legal aid society, I found out that my husband and I made too much money to qualify. The lady told me that, “You shouldn’t be here. You don’t qualify financially!” I told her that I couldn’t afford an attorney and that I just needed help to continue the care for my handicapped daughter. She looked at me for a moment and said, “We can do it if you have $100.” Well, I usually never have money like that on me. It just so happened that I had gone by the bank and had pulled out $100 for my daughter to purchase a book for college! I pulled out the money and handed it to her and that was that. I call that a “God-thing”. I found out that they operate with donations, so every time that I had to go back there, I always made sure that I had a little money to give them. I was so thankful that they were willing to help me! When they called me back, they gave me papers about 1 inch thick, and told me to look them over, make sure the info is correct and file them in the county court house. I was confused, to say the least. But they gave me one month to do this, and then those papers weren’t any good any more. I kept thinking, that, “I have no idea, what I am doing!” But when I thought of the consequences of not doing it, I prayed that God would give me the determination and peace to see it done. The process of conservatorship is long and involved. Notices of intent have to be written and delivered to family and different agencies that have had access to your child’s life. Multiple trips to the court house, back to legal aid, the courthouse, legal aid. BUT in the end, you get this piece of paper that is signed and stamped by a judge, saying that you have control over your adult child and that the state government authorizes you to make decisions for them! I felt relieved! I carried that paper with me 24/7. Well, because, mainly, I was with my girl 24/7 but also because you never know when you are going to need it. I guess I just didn’t want to “chance” that I wouldn’t need one. I would encourage you to pray, search your heart and, take the plunge! It is so very important!

For those in the Inland Empire area, please see the links below. For those outside of the Inland Empire, please go to your county website, or call your local county office. If you would like help, we would love to help you! Please e-mail me at the link provided.

Inland Counties Legal Services
San Bernardino
715 N. Arrowhead Ave
Suite 113
San Bernardino, Ca 92401
www.inlandlegal.org

Family Caregiver Alliance
180 Montgomery Street, Suite 1100
San Francisco, CA 94104
www.caregiver.org

Inland Regional Center
1365 South Waterman Ave
San Bernardino, CA 92408
www.inlandrc.org

Legal Aid Society of San Bernardino
354 West Sixth Street
San Bernardino, CA 92401
www.legalaidofsb.org