Conservatorship: A Sacred Trust
by Barbara W. Shank, MSW, PhD, LICSW
In September 2015, my 90-year-old gym buddy and friend became ill and subsequently died. For a year prior to his death, I assumed the role of "informal guardian," handling his personal care, living arrangements, and financial management of his assets. I secured an attorney, decluttered and cleaned his apartment, contracted with a realtor to sell his condo, paid his rent and taxes, worked with him on drafting a Will and Trust, and negotiated his advanced care directives. James named me his personal representative and granted me power of attorney. Needless to say, I was honored and humbled by his trust and confidence in my abilities.
I am a licensed clinical social worker, having practiced as a case manager, trainer, community corrections officer, mental health practitioner, teacher, and administrator. I had not served as a conservator before, but I knew that social workers were often appointed as guardians. Little did I know then how challenging and complex are the roles and responsibilities of a professional conservator/trustee. This role has been the most challenging and interesting of any that I have assumed as a practicing professional social worker.
For those who do not know what a conservator is and does, let me provide a brief overview:
A conservator is someone who has been given legal authority by a court to handle the financial affairs of an individual who is unable to manage his or her own finances. The conservator acts as an agent of the court. The conservator has a fiduciary responsibility to conserve and manage the protected person’s estate and is accountable to the court. (see MAGIC, The Minnesota Association for Guardianship & Conservatorship).
When a person is incapacitated, family members are often appointed by the court to serve as conservator. In this case, James never married, and he had no children and no living relatives. Since I was serving as personal representative, I petitioned the court for appointment as conservator and was found to be the most suitable and best qualified among those willing and able to serve.
As conservator, I needed to employ a diverse set of knowledge and skills. Understanding issues around client autonomy, confidentiality, empathy, empowerment, informed consent, supported and ethical decision-making, client rights, safety, self-determination, self-advocacy, advance directives, governmental benefits, and state laws were all paramount. I had to "take to heart" the concerns of a frail, at-risk older adult, a person with physical limitations, who had independently managed his life up to age 90, but now needed assistance.
The skills honed as a professional social worker had a goodness of fit for serving as conservator. Accountability, accounting, active listening, analysis, assessment, attention to detail, communication, documentation, devising case plans, initiative, objectivity, providing constructive criticism, prioritizing, record keeping, resource coordination, research, tenacity, and time management were used extensively moving through probate.
During this process, several responsibilities required new learning, such as dealing with property renovation, stock transfer, unclaimed property location, and distribution of ashes and assets from the trust. Challenging, interesting, demanding, and satisfying all describe the role of conservator/trustee. There is no question, the education and experience of a professional social worker is a match to assume a conservatorship.
Barbara W. Shank's interests include social work accreditation and program development, social justice, and conservatorship. She served as CSWE Board Chair and Treasurer; President, ICSD, NADD, and NASW MN Chapter. She serves as Secretary, IASSW, and on the CSWE Kendall Institute Advisory Board and is a CSWE-certified site visitor. She is Dean and Professor Emerita, University of St. Thomas.