Here is the text of a letter I delivered to the Council last week.
Dear Judge Kennedy, the Volunteer Committee, and the Metropolitan Council:
This letter proposes that the Council appoint multiple attorneys for service in the role of Public Guardian. As an attorney who practices in this area, I have observed the complex and intense time demands required of the Public Guardian. More than one person is needed for service in this special role for Davidson County.
Our city has thousands of conservator cases filed each year, and that number is only expected to increase as our elderly population grows. At last count, there were at least ninety active, open cases for the Public Guardian. This caseload is an oppressive burden for any single person to handle, regardless of the staffing assistance available. Such demands dilute the capacity of any guardian to focus on the needs of their wards. Should future caseloads significantly increase, the potential for neglect also rises, and the Council should account for that concern in its upcoming deliberations.
Having multiple, qualified persons ready for service as Public Guardian would improve services available to the wards and to the Court. The skill-set required for each case varies greatly with the family dynamics and the presented petition. With multiple attorneys available to the Court, the Court would be able to select the best appointee for the context of the case. While one attorney may be excellent at working with our elderly, another may be highly competent in a contested proceeding, and the Court would be able to self-assess the appropriate appointment.
In the unlikely event that someone raises concerns about the practices of any one Public Guardian, others would be available to fill in – without the difficult down-time between appointees that our legal community is about to engage in publicly, but has been handling privately for some time. Additionally, a teamwork approach to difficult cases would create a natural community of support for one of the most challenging roles our legal system places on a person. Finally, a rotational model could be used, perhaps with a new attorney rotating on every two years, to keep the talent pool strong for our Court and improve the knowledge of the bar.
I urge the Council and the Court to consider appointing multiple persons for service as Public Guardian. Thank you for your service to our city and community.
Sincerely,
Adam R. Hill
CC: Metropolitan Council Office
