That’s among the sticky ethical questions that guardianship commission Chairwoman Wendy York has posed to the state’s chief disciplinary counsel, William Slease, for an opinion.
York announced at a Friday commission meeting in Albuquerque that her research on guardianship issues has raised questions about potential conflicts of interest and other ethical issues that can arise in cases involving third-party corporate guardians and conservators.
“I wanted to know whether our current rules address this issue,” York said.
Attorneys play a major role in guardianship/conservator cases, which are cloaked in secrecy under state law. All records, except for a brief court docket sheet summarizing actions in the case, are sealed. All hearings in the case are sequestered.
To file a guardianship request, a petitioner, often a family member, typically needs an attorney. Judges often rely on the petitioner and his or her attorney to recommend a guardian or conservator for appointment.
At times, those companies’ attorneys also represent the petitioner.
A petitioner’s attorney, for example, might be reticent to challenge or try to remove a guardian or conservator on behalf of a client if that same lawyer also represents the guardianship company in other cases. Sometimes clients aren’t told about such potential conflicts beforehand and find themselves having to hire a new attorney.
Adds York, now a private mediator, “I think the guidance (from the chief disciplinary counsel) might be helpful.”
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Question raised about conflict of interest for lawyers
Let the courts know the people see the conflicts of interest the judges ignore.
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