Aging & Adult Services FAQ

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FAQ – Adult Protective Services (APS)

What is Elder / Dependent Adult Abuse?

Abuse can be an intentional act and/or a lack of knowledge in providing care to an elder (anyone 60 years or older) or dependent adult (anyone 18-59 years of age that has a mental or physical disability that impairs their ability to protect themselves).
What types of abuse are considered Elder or Dependent Adult Abuse?

Abuse is any act that constitutes taking advantage of a person for personal gain and/or not providing the proper care that the individual is dependent upon due to a disability or mental impairment. Generally, the basic categories or abuse are financial, physical, abandonment, isolation, neglect and self-neglect.
How do I make a suspected abuse report?

If the incident occurred in the community or in an individual home the report is made to Adult Protective Services at 868-1006 (24 hour Abuse Hotline) or please see Reporting Abuse tab. If the suspected abuse occurred in a Long Term Care Facility, the report is made to the Long Term Care Ombudsman at (661) 323-7884. If the incident appears to be an emergency, call 911.
What happens after a suspected Elder / Dependent Adult report is made?

Adult Protective Services or Long Term Care Ombudsman will investigate the suspected abuse by making contact with the suspected victim and alleged perpetrator. If the victim is willing to accept assistance, steps are taken to protect the individual and cross report criminal actions to Law Enforcement. If criminal action has occurred, then Law Enforcement completes the investigation for the purpose of prosecuting.
Does the victim have the right to refuse services to resolve an abusive situation?

Yes, the victim has the right to refuse services if mentally competent. If not competent, measures are taken to protect the individual.
Can Adult Protective Services force the suspected perpetrators out of the house of the victim?

Generally, Adult Protective Services does not have the right to force the perpetrator out of the home without the permission of the victim and the involvement of Law Enforcement.
Is the victim generally the person reporting the abuse?

No, typically the victim will not report the abuse due to fear of retaliation or public exposure, embarrassment, humiliation, or potential loss of a relationship. Therefore, concerned parties, neighbors, family members and agencies mandated by law to report suspected abuse.
What is the response time to investigate abuse once a report has been made?

By regulations, Adult Protective Services has 10 days to respond unless it is considered an imminent danger requiring immediate attention or if Law Enforcement request immediate assistance with a victim.
Is elder abuse / dependent adult abuse typically done by strangers to the victim?

No, nationally it has been reported that typically elder / dependent adult abuse involves a relationship with the victim and statistically 86.8% of all elder abuse crimes are committed by family members.
Is elder abuse crime increasing?

Yes, it is generally felt that elder abuse is increasing and will continue to increase as the older adult population grows in our nation. This is primarily due to the vulnerability of the aged, the unlikelihood of the crime being reported and the access to financial resources.
What can I do?

Report any suspected elder or dependent abuse. It only has to be suspected and not proven before reporting. Your identity as a reporting party will be kept confidential unless you choose to release that information. Elder Abuse will continue without your help by reporting suspected abuse.

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FAQ – Health Insurance Counseling and Advocacy Program (HICAP)

What is the difference between an HMO and a Medigap policy? Can you advise me about which one I should choose?

HMO stands for Health Maintenance Organization. An HMO offers managed health care at a set rate of cost. The HMO becomes the individual's primary form of insurance.

Medigap policies act as a secondary policy to Medicare. Medigap policies are private pay and allow for self-referral to specialists as well as freedom of choice in medical care. Medicare remains the primary source of insurance.

As HICAP counselors we do not advise, endorse, or sell any form of insurance. We can provide you with information and options regarding HMO and Medigap choices. Medicare Website.
Can you help me understand my HMO or Medigap insurance coverage?

HICAP has available various pieces of literature from the Center for Medicare Services (CMS) explaining the types of coverage available through both HMOs and Medigap insurance policies. HICAP counselors are available by appointment as well to sit and discuss your individual insurance needs. Medicare Website.
What HMOs are available for senior citizens in Kern County? Can you help me choose one?

HICAP can provide a grid that displays the available HMOs along with the premiums and co-pays for the various HMOs. As HICAP counselors we do not advise, endorse or sell any form of insurance. We can provide you with information and options regarding HMO choices. Medicare Health Maintenance Organizations (HMO) Comparison (PDF).
How can I get help with my HMO co-payments?

If you are eligible for Medi-Cal the state may pay your HMO premiums and co-payments. You can apply for Medi-Cal by calling the Department of Human Services at (661) 631-6807.
How can I get help paying for my prescriptions?

HICAP staff can provide you with available resources for pharmacy assistance. See HICAP contact information above.
Can you give me advice about which Long-term Care Insurance policy I should buy?

As HICAP counselors we do not advise, endorse, or sell any form of insurance. We can provide you with information and options regarding Long-term Care Insurance. We also have HICAP counselors available by appointment to review an existing policy. California Partnership for Long Term Care.
How do I apply for Medicare? How old do I have to be?

Three months prior to your 65th birthday contact the Social Security Department to begin the process to receive your Medicare benefits. If you are receiving disability payments through the Social Security system prior to your birthday you will automatically receive a card in the mail if you are otherwise eligible. Disabled individuals under the age of 65 who have been linked to Social Security Disability for two years will automatically receive a Medicare card in the mail if they are otherwise eligible. Social Security website.

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FAQ – In-Home Supportive Services (IHSS)

Who is served by this program?

The program, which is a Medi-Cal-based program, serves qualifying California residents living in their own homes or a home of their choosing who need IHSS to remain safely in their own homes.

Note: Acute care facilities, long term care facilities, and licensed community care facilities are not considered "own home".
How do I qualify?
To qualify for IHSS, you must:
1. Be a citizen of the United States or a qualified alien and a California resident.
2. Live in your own home or home of your choosing (acute care facilities, long term care facilities, licensed community care facilities are not considered "own home").
3. Be eligible for or receiving Medi-Cal benefits. You must be in one of the following groups:
  - You are currently receiving Supplemental Security Income/State Supplementary Program (SSI/SSP) benefits administered by the Social Security Administration because you have been determined by that agency to be aged (65 years of age or older), blind, or disabled
  - You meet all eligibility criteria for SSI/SSP, including income, but do not receive SSI/SSP
  - You meet all eligibility criteria for SSI/SSP except that your income is in excess of the applicable SSI/SSP eligibility standards. You may have to pay a portion of the cost of the IHSS benefits
  - You are a Medi-Cal beneficiary who has been determined aged, blind or disabled in accordance with SSI/SSP criteria
What is a share of cost?

Income of individuals who do not receive SSI/SSP is considered in determining if there is a share of cost which must be paid to the IHSS care provider. Individuals who do not receive SSI/SSP, but apply for IHSS, will also apply for Medi-Cal. A Medi-Cal worker will determine their eligibility and share of cost for that program. Individuals who are eligible for Medi-Cal and who need IHSS in order to remain safely in their own homes, will receive both IHSS and Medi-Cal and be required to pay the Medi-Cal share of cost. Where applicable, the Medi-Cal share of cost is compared to the Aged and Disabled Federal Poverty Level. This may reduce a share of cost to zero.
How do I apply?

An individual may obtain additional information or initiate the IHSS application process by calling our Information and Referral number, (661) 868-1000, or our toll free number, (800) 510-2020. The Information and Referral worker will complete a referral form and assign it to an IHSS intake social worker for processing.
What kinds of information will I need to provide?

Information needed to complete a referral includes name, address, telephone number, birth date, Social Security number of the individual being referred, names and relationships of other persons residing in the same household, source and amount of income, physicians' names, medical conditions, and types of services needed. In addition, if the person being referred does not receive SSI/SSP, Medi-Cal eligibility must be determined. Medical information will be requested from the individual's primary physician.
What happens after that?

The assigned intake social worker will conduct an initial phone interview and, if appropriate, schedule a home visit to interview the individual to determine eligibility and specific service needs based on the individual's ability to safely perform certain tasks. If the individual is determined to need IHSS the social worker will authorize hours needed to perform the services. If the individual is determined to be able to remain safely at home without IHSS, the worker will deny the IHSS application. The social worker will send the individual Notice of Action advising of the approval or denial of services. If denied, the Notice will state the reason for the denial. If approved, the Notice will show the services and authorized hours.
How is the IHSS Care Provider paid?

The individual recipient and care provider must complete, sign, and date time sheets verifying delivery of the authorized hours of service. The California Department of Social Services issues the checks for provider payments, twice per month.

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FAQ – Lanterman-Petris-Short Act (LPS) Conservatorship

What is an LPS Conservatorship?

LPS Conservatorship can be established for an individual who is gravely disabled due to mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder.

Grave disability is defined as a condition in which a person, as a result of a mental health disorder, a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care. Additionally it must be determined that the individual is unwilling or unable to accept help from a third party to meet these basic needs. A minor is considered to be gravely disabled if he/she is unable to use the basic elements of life, which are considered to be essential for health, safety and development, even if provided by others.
What is LPS?

The Lanterman-Petris-Short Act is a division of the California Welfare and Institutions Code that was enacted in 1969 to eliminate the inappropriate, indefinite, involuntary commitment of mentally disordered persons.
Who initiates an LPS conservatorship?

Referrals for LPS conservatorship are only received from the designated 5150 facilities (Kern Medical Center, Good Samaritan, and Crestwood PHF), and the Superior Court. The designated 5150 facilities can only initiate a conservatorship referral for an individual who has been involuntarily held on the unit via a 5150, and certified for an additional 14 days of intensive treatment via the 5250. At the conclusion of the probable cause hearing, the facility physician can initiate a referral for investigation into the appropriateness of establishing an LPS Conservatorship. If after a thorough investigation by Public Conservator staff there exists a need for conservatorship, a petition will be filed with the Superior Court for a 30 day Temporary Conservatorship. The Court may appoint a Temporary Conservator, Ex Parte (without hearing). The Public Conservator is appointed the temporary conservator in all cases.
When is the Public Conservator appointed?

The Public Conservator will serve as "permanent" conservator where conservatorship is required and there is no one else willing or qualified to serve.
What are the legal limitations of an LPS conservatorship?

A permanent LPS conservatorship automatically terminates after one year (excluding the period of temporary conservatorship). If at that time the conservatee is still gravely disabled, the conservator must obtain the opinion of two physicians or psychologists, or one of each, in order to initiate further Court proceedings to reestablish the conservatorship for another year. The goal of the conservatorship is to assist the conservatee in eliminating the behaviors that render him/her gravely disabled. An LPS conservatee may be placed in a locked psychiatric facility against his/her will, and may be forced to take psychotropic medications against his/her will. All proposed conservatees are interviewed by and represented in Court by an attorney. The conservatee is entitled to a Court or jury trial if he/she objects to the ongoing conservatorship.
What rights are denied an LPS conservatee?

Upon Court confirmation the following rights may be denied: (a) the right to enter into contracts; (b) the privilege of possessing a license to operate a motor vehicle; and (c) the right to possess and carry firearms. The conservator shall have the right to refuse or consent to medical treatment related specifically to the conservatee's grave disability and to routine medical treatment. Any invasive treatment requires Court approval.
Can an LPS conservatee request termination of the conservatorship?

The conservatee has the right to request a rehearing to terminate the conservatorship; however, only one such request shall be made within a six-month period.

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FAQ – Public Guardian (Probate Conservatorship)

What is a conservatorship?

Conservatorship is a legal process that appoints a representative to be legally responsible for making decisions regarding the personal and/or financial needs of an individual who is declared to lack the capacity to properly provide for those needs. A conservator is answerable to the Superior Court for the manner in which he or she administers the conservatorship.
What is the Public-Guardian-Conservator?

The Public Guardian is appointed by the Superior Court to act as conservator of persons who require a conservator when there is no one else who is willing or qualified to act. Legal advice is provided to the Public Guardian by Kern County Counsel.
What is a conservator?

A conservator is a person or agency appointed by the Superior Court to act in the best interest of the conservatee. The conservator may be a public agency (Public Guardian) or a private person (relative or friend of the conservatee). Priority is given to family members if they are willing and capable of serving as conservator, and if they have no conflict of interest.
Why should a conservatorship be established?

One distinct advantage of a conservatorship is the direct supervision by the Superior Court. All conservators are subject to the scrutiny of the Court for the management of both the person and estate of the conservatee. The conservator must report all financial transactions to the Court. Private conservators are required to post bond based on the value of the estate. Once the conservator has been appointed, he or she is responsible for the care of the conservatee and for safeguarding and managing the conservatee's estate (if he or she has one). Due to the complex legalities involved with conservatorship it may be best if a private conservator is represented by his/her own attorney, but it is possible for a person to file for conservatorship on his or her own. A packet of the required forms is available at the Probate Examiner's office within the Superior Court. Many forms are also available on the internet.
What must a conservator do once he or she is appointed?

After appointment the conservator must post bond and have Letters of Conservatorship issued by the Clerk of the Court. Current certified copies of Letters of Conservatorship are proof that the conservatorship is in effect. The conservator must ascertain the status of the conservatee's estate and take physical control of personal property. All assets must be reported to the Court by filing an Inventory and Appraisement within ninety days of appointment. The inventory also determines the amount of bond required of the private conservator and sets the initial amount for which the conservator is accountable. Real property, personal property, stocks, bonds, and non-cash items are appraised by the Probate Referee. An accounting must be filed by the conservator with the Court one year after appointment, and periodically thereafter. The accounting must set forth the beginning balance, income, disbursements, and property on hand.
What must a conservator do for the person under conservatorship?

The conservator of the person has the responsibility for the conservatee's care, custody and control. The conservator determines where the conservatee lives and ensures that his/her daily needs are met. The conservator may fix the residence of a conservatee at any place within the State of California without permission. Conservatees must be placed in the least restrictive, most appropriate placement.
What does a conservator do for the estate under conservatorship?

The conservator must provide for the maintenance and support of the conservatee. The conservatee's estate is used for this provision. The conservator may also be required to seek public assistance (Medi-Cal, Supplemental Security Income) in order to properly provide for the conservatee. The conservator is not required to use his/her own financial resources for the care of the conservatee. The conservator, upon approval of the Superior Court, may sell real or personal property belonging to the conservatee when it is in the best interest of the estate and / or the funds are needed to provide for the care of the conservatee. The conservator may invest funds of the estate in banks or savings and loan institutions money market certificates. All other investments must be approved by the Court.
How is the conservator compensated?

Compensation to the conservator and to his/her attorney is allowed to be paid from the estate of the conservatee. These fees must be authorized by the Court prior to being removed from the estate.
Is the conservator liable for the actions of the conservatee?

The conservator cannot be held liable for any action by a conservatee.
What happens if the conservator dies or otherwise cannot serve?

Generally, conservatorship does not terminate at the death or incapacity of the conservator. The death or incapacity of the conservator does not change or eliminate the conservatee's physical, mental, or other condition that originally caused the need for conservatorship. It does necessitate the prompt replacement of the conservator, which is usually initiated by the attorney of record (for the previous conservator).
What happens if the conservatee dies?

The authority of the conservator, whether of the person or estate, ends upon the death of the conservatee and he/she is powerless thereafter to act as conservator of the estate (Probate Code 2631). This lack of authority prevents the conservator from completing most matters, except that the conservator may pay the expenses of the last illness. When the conservatee dies, the conservator is responsible for the care and preservation of the conservatee's property until it is delivered to the personal representative of the conservatee's estate or otherwise lawfully disposed of. If the size and nature of the estate qualified under Probate Code 13101, after accounting to the Court, the conservator may deliver the assets to the beneficiary/heir without the need for probate.
What is a Probate Conservatorship?

Probate conservatorship of the person is initiated for an individual who is unable to provide for his or her personal needs for physical health, food, clothing, or shelter. Probate conservatorship of the estate can be established for an individual who is unable to manage his or her own financial resources or resist fraud or undue influence. Conservatorship may be for the person, the estate, or both. This type of conservatorship is defined in the California Probate Code and, once established, is in effect until further Court proceedings are initiated to terminate the conservatorship. Probate conservatorship is used primarily for elderly individuals who can no longer function independently and it is frequently utilized by private attorneys to appoint family members as conservators. When there are no family members willing and qualified to serve, the Public Guardian may do so.
Who can initiate a Probate Conservatorship?

A probate conservatorship may be initiated by anyone. In most cases an attorney petitions the Superior Court to appoint a private individual (relative or friend) as conservator. Where the need exists for the Public Guardian to serve as the conservator, a telephone call should be made to the Public Guardian's office to inform them of the need for assistance. An investigator will be assigned to determine the necessity of a conservatorship. If a conservatorship is required, and there is no one else willing or qualified to act, the Public Guardian staff will proceed with the initiation of the conservatorship. Public Guardian Referral Form.
Who represents the proposed conservatee?

The Court may appoint an attorney to represent the proposed conservatee if he/she objects to the conservatorship. The Superior Court Conservatorship Investigator is appointed to interview the conservatee and to submit a recommendation to the Court as to the status of the proposed conservatee. One year after the establishment of a conservatorship and biennially thereafter, the Court investigator will visit the conservatee to ascertain whether he/she wishes to petition to terminate the conservatorship, whether one is still required, and if the conservator is acting in the conservatee's best interest. An appointment will also be made to speak with the conservator and to review their records.
Who authorizes medical treatment for the conservatee?

A probate conservator may request authority from the Court to consent to medical treatment for the conservatee when the conservatee lacks the capacity to give informed consent for medical treatment.

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FAQ – Senior Information and Referral

Are there programs that can help me pay for my rent or utilities?
There are several programs that can assist those with low incomes and limited resources. KCEOC's HEAP (Home Energy Assistance Program) is available to those whose energy bills are at least 5% of their total monthly income. Applications can be obtained by calling (661) 336-5203.

PG&E and Southern California Edison administer the CARE (California Alternate Rates) Program, providing a 20% discount on utilities to income qualified households. For information call PG&E at 1 (800) 743-5000 or Southern California Edison at 1 (800) 447-6620, or visit their websites at:
- Pacific Gas and Electric
- Southern California Edison
Local charitable organizations that might also be able to help:
- Catholic Social Services: (661) 281-2151
- Salvation Army/REACH: (661) 837-4243
Can you help me understand a letter I received from another agency?

We attempt to provide assistance whenever possible to help seniors or disabled adults with letters they receive from public agencies such as Social Security, Medi-Cal, Medicare and other government offices. However, we cannot provide assistance with personal, business, or legal matters or documents. Our staff is not trained in consumer or legal matters and cannot offer advice or counsel in these areas.
I'm always out of groceries by the end of the month, are there any programs that can help me get food?

There are several food banks and distribution sites in Kern County that can assist low-income individuals, families, or seniors when in need. Please call us for more information about emergency food referrals and monthly food distribution sites throughout Kern County.
Do you sell fishing licenses for seniors?

We do provide applications and preparation assistance for disabled adults, disabled seniors, or low income seniors to obtain special reduced fee or free fishing licenses. The individual then mails these forms, along with any fees, to the California Fish and Game Department for processing.
How can I sign up for Meals on Wheels? How much does it cost?

Meals on Wheels is part of the senior nutrition program. Home delivered meals are available to seniors age 60 and older who are home-bound and unable to get out to one of the senior nutrition sites in their area for lunch. A doctor's prescription is required. Call us for the number of the home delivered meals provider nearest you; or we can make the referral for you, if you wish. More information.

The senior nutrition program in Kern County includes congregate dining for senior citizens age 60 and above. As part of the congregate dining program, a nutritious lunch is served Monday through Friday at senior nutrition sites in many areas of the County. Call us for the number of the senior nutrition site near you. List of Senior Nutrition Sites.
What can you tell me about the Homeowners/Renters Assistance program? Can you help me fill out the form?

The State Franchise Tax Board offers a rebate program for disabled or blind adults, and seniors 62 or older. Both Homeowners and Renters can apply for the annual rebates. The program does have an annual income limit to qualify, which changes annually. The program runs from July 1 through October 31 each year, although claims may be filed through June 30 of the following year. Our office can assist with preparing the forms, if assistance is needed.

To have the current year's forms mailed to you, or for additional information, you may call the Franchise Tax Board at: 1 (800) 852-5711. You can also access the Franchise Tax Board's website to order forms or file your claim online.
I need low-cost legal advice. Can you recommend someone?

The Kern County Seniors Law Center area of Greater Bakersfield Legal Assistance, Inc., can offer free legal advice, counseling, and judicial representation in a variety of areas such as Medi-Cal, Social Security and SSI benefits, consumer issues, elder abuse, and housing concerns as well as community education and awareness. They do not prepare legal documents or assist with probate planning however. For more information call (661) 323-7881 or visit their website.

To be eligible for services of the Seniors Law Center, the individual must reside in Kern County and be 60 years of age or older. There is no income test to determine eligibility; however the Seniors Law Center is required to ensure that preference is given to those seniors in greatest economic and/or social need.
What transportation programs are available for seniors/disabled in Bakersfield/Kern County?

Transportation options in Bakersfield area.

If you live outside of Bakersfield there may be other options. Please give us a call and we will help you locate the transportation that is available in your area.
I can't afford to pay my property tax. Can anyone help me?

We can assist you in filling out Property Tax Postponement Forms, which can postpone your property taxes until you can better afford them. Visit our office or contact the State Controller's office at 1 (800) 952-5661.
I need some repairs made to my house. Is there a program for this?

The Community Development Programs make grants and low cost loans to qualified homeowners. Bakersfield city residents may call Bakersfield City Community Development at (661) 326-3765; County residents may call Kern County Community Development at (661) 862-5050; and those living in the rural areas should call the Rural Development program at (661) 336-0967.
My parent(s) are no longer able to live safely in their own home. How can I find the right place for them?

By talking with our program assistants you will find there are a variety of options available to your parents, ranging from in-home to out-of-home care. Many decisions must be made at this time and our trained staff are here to help. Give us a call.
How do I go about getting someone to come into the home to provide care for a loved one?

There is a range of in-home care services available to Kern County seniors, ranging from publicly funded programs to private agencies.

Your loved one may qualify for the In Home Supportive Services (IHSS) Program if certain requirements are met. Call (661) 868-1000 or visit the IHSS Program page for more information.

In addition, we have a listing of various homemaker services, which are businesses that provide in home care. Some of the agencies are non-profit, with services charged on a sliding fee scale. Call us and we'll send you our homemaker list, or come in and pick up a copy.
Is there a program that will make handicapped modifications to my house/rental unit/mobile home?

The programs that provide grants and loans for home repairs are the same programs that provide grants to qualified individuals to make homes handicap accessible. Bakersfield city residents may call Bakersfield City Community Development at (661) 326-3764; County residents may call Kern County Community Development at (661) 862-5050. Your insurance company may help as well.
How can I qualify for SSI/Medi-Cal?

Contact the Social Security Administration to apply for SSI. The telephone number is 1 (800) 772-1213. Their website.

The Department of Human Services is where you apply for Medi-Cal. The telephone number for Bakersfield is (661) 631-6807. There are also several regional offices. You may call us for the telephone numbers. More information.

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