This week I received a call from the Volunteer Task Force regarding a survey they are conducting on conservatorships. This Task Force has been organized to investigate the status of conservatorship service among members of the probate bar. They will produce recommendations when their work is finished regarding standards for service and training as conservator, which may include guidelines on fees. I was impressed by the depth of the survey I participated in. The survey included the types of cases which I would take, what factors I considered when deciding to take a case, and the scope of services I render when serving as a conservator.
As I reflected on the questions asked, I felt that two key qualifications are required for anyone serving as conservator - even laypersons. There is no substitute for these components of a potential conservator's character: compassion and diligence. A person must have compassion (laced with patience) in order to care about someone else's life and doing everything they can to make it better. And they must have the ability to follow-through on the requirements, arrangements, and requests made by the conservatee. That's what I consider diligence. These two skills are critical for someone considering service as a conservator, and certainly for members of the bar.
It is less than well known, however, that non-attorneys serving as conservator can file legal documents on behalf of their conservatees in their respective courts. If a person finds evidence of fraud, for example, they can bring it to the Court's attention through a petition or motion. While it would be preferable to have an attorney involved, who presumably would know the service requirements and the drafting style to use in such a situation, it is not absolutely required. That's why I felt that litigation skill is not quite as important as compassion and diligence as qualifications as conservator.
I know the committee takes these thoughts into consideration, and I look forward to learning about their findings.
