implementing an effective self-help conservatorship clinic presented by bet tzedek legal services
TRANSCRIPT
IMPLEMENTING AN EFFECTIVE SELF-HELP
CONSERVATORSHIP CLINICPresented 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.
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.
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.
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.
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.
Mandatory Items
Prepare the petitions. Serve the Notices of Hearing Assist in preparation of after hearing
documents.
Services Offered
New Conservatorships Limited General Alzheimer's/Dementia Temporary
Conservatorships Person and/or Estate
when estate qualifies under Probate Code Section 2628
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
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
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
Our Process
Signing Appointment Forms for Initial Filing Fee Waiver, if applicable Capacity Declaration Order, Letters, Duties and Care Plan
Provided
Our Process
Serve Notice of Hearing Monitor Cases Online via CourtNet and
L.A. Superior Court public website
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.
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
Replication
How do I bring a clinic to my County
There may be State Bar Money for Legal services agencies
What does the Future Hold?
Greater involvement by checking probate notes and clearing issues
Group Appointments Web-based submissions and intakes Video Conferencing