By Rinal Ray

Editor’s Note: With this story, Minnesota Lawyer introduces a new feature, “Pro Bono Post.” Our aim is to bring you stories that show the good work pro bono lawyers are doing over the state, and also help you develop your own practice by providing good, solid “how-to” advice. For suggestions or submissions, please contact Barbara Jones at Barbara.jones@minnlawyer.com

In the fall of 2007, as John (not his real name), then 23, was starting both his career and his marriage, an added responsibility showed up on his Minnesota doorstep.

John’s half-brother, Jack (also not his real name), then 15, had nowhere else to go. His biological parents were dead, his adoptive mom had died at their home in Nevada, so Jack’s only hope was John.

Realizing that his good intentions were not enough, John sought help so he could establish the guardianship needed to enroll Jack in school and launch him on a productive path.

John got hold of Judy King, who runs the Central Minnesota Legal Services in Willmar and is the volunteer attorney coordinator for a 10-county area in southwestern Minnesota.

At the CMLS’s Volunteer Attorney Program, King works with a panel of local attorneys and refers to them about 15 pro bono cases a month.

John’s income was low enough that he qualified for help in establishing emergency temporary guardianship.

Dennis Simpson, a partner in the general practice law firm of Quarnstrom & Doering, P.A. in Southwest Minnesota, took on John’s case. Simpson handles the civil law work for the city of Marshall and all of the firm’s Social Security disability work.

For Simpson, who has been doing pro bono legal work for about 20 years, it is “one of the obligations of a practicing attorney, to those who can’t afford an attorney, to the community, and to the profession.”

Simpson helped John by filing an ex parte application with the court, establishing temporary and emergency guardianship and conservatorship of Jack. That immediately allowed Jack to enroll in school and play football with the Marshall High School team.

In Minnesota, a guardian makes legal personal decisions for someone who cannot make decisions for himself. That may include: consent for medical care; purchasing necessities such as food, clothing, and other personal items; arranging for education; and managing finances.

A conservator has the power to look after the financial affairs of the protected person, including handling income and expenses.

After establishing the temporary and emergency guardianship, Simpson started work on getting John full guardianship and conservatorship for Jack. Minnesota’s 2003 adoption of the Uniform Guardianship and Protective Proceedings Act had simplified guardianship and conservatorship cases, and Simpson was able to establish permanent guardianship and conservatorship later that fall.

Simpson stayed on this case over the next three years and maintained an ongoing relationship with John and Jack. Annually Simpson submitted to the court two documents concerning the guardianship: a statement of well-being and an annual financial accounting.

Last June, Jack graduated from high school and enrolled in a Minnesota Community College. He recently turned 18.

“This is truly a success story,” Simpson said, “where [John] provided quality mentorship and guidance to [Jack]. I was happy to provide the legal service needed for the appointment of guardian and conservator. However, the true hero in this story is the older brother.”

Judy King wrote: “The volunteer attorney heralds the guardian as the hero in this case, not himself. (That is) just more proof that our volunteer attorneys are selfless and do what they do because they want to, not have to.”

If you are interested in doing pro bono representation, visit www.projusticemn.org for a list of current volunteer opportunities in your area or contact Steven Marchese, Pro Bono Development Director for the Minnesota State Bar Association at (612) 278-6308 or smarchese@mnbar.org.

Rinal Ray works with pro pono development for the Minnesota State Bar Association and can be reached at rray@mnbar.org or 612.278.6313.