implementing an effective self-help conservatorship clinic presented by bet tzedek legal services

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IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

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Page 1: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

IMPLEMENTING AN EFFECTIVE SELF-HELP

CONSERVATORSHIP CLINICPresented by Bet Tzedek Legal Services

Page 2: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Self-Help Plus

Conservatorships particularly well suited to Self- Help.

Technically complicated. Complex forms. Significant information required. Generally uncontested. Litigants do not need representation in

most cases. Hearings last less than ten minutes.

Page 3: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Conservatorship Self-Help

What is different? Forms are complicated. Too

many pitfalls for litigants to prepare on their own.

Service is complicated. Litigants make too many errors.

Post hearing documents are complicated. Litigants need assistance.

Follow-Up.

Page 4: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Bet Tzedek’s Self-Help Conservatorship Clinic.

With just two full-time equivalent paid staff and up to a dozen volunteers, the clinic serves over .

1200 new litigants each year and files as many as 800 new cases a year.

Average Case from start to finish is 4-6 hours of work.

Over 85% Success rate.

Page 5: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Secrets to Success Location, volunteers, technology,

good systems, partnership with the court Best inside the courthouse.

Volunteers can be trained to add to the cases you can handle.

Technology assists by accessing court files and for petition preparation.

Good systems make the work flow move smoother.

Partnership with court helps identify issues early on.

PVP Attorney coordination. Scheduling hearings on days clinic

is open.

Page 6: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Getting Started.

Assess need by getting filing information from the clerk.

Talk to court probate staff about what problems they are finding.

Start with referrals from the Court on existing pro per cases.

Develop good forms to obtain information.

Identify legal forms program to use.

Provide succinct instructions to doctors.

Page 7: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Mandatory Items

Prepare the petitions. Serve the Notices of Hearing Assist in preparation of after hearing

documents.

Page 8: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Services Offered

New Conservatorships Limited General Alzheimer's/Dementia Temporary

Conservatorships Person and/or Estate

when estate qualifies under Probate Code Section 2628

Page 9: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Services Offered

Existing Conservatorships Add Co-Conservators Successor Conservator

or New Petition (Limited) Prepare Petitions and

Oppositions to Petitions to Remove Conservator

Fee Waivers Prepare Petition to

Waive Accounting and Bonds

Page 10: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Services Offered

Referrals Any cases which are

not within the Clinic’s capability

Referrals: Bar Association

Referral Sources Public Guardian or Bet Tzedek Legal

Services

Page 11: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Our Process

Initial Intake Prescreen Self Litigant Give Self Litigant an Intake Questionnaire Discuss options Self Litigant has in moving

forward Provide Self Litigant Capacity Declaration to

be completed and returned

Page 12: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Our Process

Signing Appointment Forms for Initial Filing Fee Waiver, if applicable Capacity Declaration Order, Letters, Duties and Care Plan

Provided

Page 13: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Our Process

Serve Notice of Hearing Monitor Cases Online via CourtNet and

L.A. Superior Court public website

Page 14: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Our Process

After Hearing PVP Assist’s litigant in completing Order, Letters,

Duties, and Care Plan. Assist Self Litigant in getting Order approved by

Conservatee’s lawyer. Obtain Signed Orders, Letters, Duties and Care Plan

Clinic submits Orders for signature by the Judge Files Letters, Duties and Care Plan Provide Self Litigant with certified copies of Letters.

Page 15: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Unique Qualities of The Clinic

Prepare pleadings based on litigant provided information

Serve Notices Intervene with assistance at

critical stages of proceeding Obtain documents Reduce average number of court

appearances for each Conservatorship, facilitating greater efficiency in the courtroom

Page 16: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

Replication

How do I bring a clinic to my County

There may be State Bar Money for Legal services agencies

Page 17: IMPLEMENTING AN EFFECTIVE SELF-HELP CONSERVATORSHIP CLINIC Presented by Bet Tzedek Legal Services

What does the Future Hold?

Greater involvement by checking probate notes and clearing issues

Group Appointments Web-based submissions and intakes Video Conferencing