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.

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