From Morocco to the Moon

Take a vacation and layer on a presentation at the National Guardian Association "NGA" and you get an odd combination of pre-presentation jitters and pre take-off nerves in the simulated Shuttle take-off at the Kennedy Space Center. Then, you can relax by going ‘round the world in 80 minutes at the Disney Epcot Center. 

Fiduciary Ethics
My attorney husband and I do not share office space or cases; but we can and do share the stage occasionally. We recently took a trip to Florida to present on fiduciary ethics at the NGA annual meeting. The audience was enthusiastic about participating in the Ethics Jeopardy game. Questions and answers flew fast a furious. The game presentation is a fun, interactive "pick-me-up", but we all realize the topic is crucial.  All who serve as a person’s trustee; agent; conservator or guardian have a duty to put themselves in the shoes of the person they are serving. 

The guidelines promoted by the NGA, a national organization created to educate guardians and fiduciaries across the country, are based upon a person centered philosophy. Here is a tip for anyone who takes the test on fiduciary ethics. Use the mnemonic device, SHOES.

Attorneys Acting As Guardian? Varies State to State.
The presentations I attended were very informative. One of the joys of attending the National Guardian Association meeting is learning different perspectives across states. For instance, the range of perspectives on attorneys also acting as a guardian revealed very different views of conflict of interest in different states. In California this is frowned upon. In other states, especially in rural areas, it is expected.

Plain Language for Special Needs
In another presentation, the speakers talked about how to help disabled adults understand human rights. "Where Human Rights Begin—Human Rights and Guardianship for Individuals with Developmental Disabilities—In Plain Language" is offered by the Guardian Association of New Jersey, Inc. "GANJI". The booklet was designed to build personal understanding of human rights concepts. It can help open a dialog with disabled clients about their rights and responsibilities. This dialog can then become a part of our planning for special needs individuals.

Walk in Their Shoes
Whether our client walks in sandals or moon boots, fiduciaries are called to put ourselves in their shoes as we plan how best to serve their interests. If you have a situation where you do not think the trustee is serving your client’s or a family member’s best interests, please call our office for a consultation with a highly experienced professional fiduciary.

Oh, so you want to know what SHOES stands for?  Remember these:
S - Security of client’s person and assets are first priority.
H- wHo’s Money Is It Anyway? - Not Yours!
O - Offer good judgement and oversight.
E - Empathetic and equal communication.
S - Seek legal authority for your actions.