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With a High Level of CertaintyWith a High Level of Certainty

How to avoid “go fever”

Hartley Goldstone, Founder

September 16, 2014

3 Min Read
The Space Shuttle Challenger lifts off January 28 1986 from Kennedy Space Center Florida  The Challenger and its seven member crew were lost seventy t
The Space Shuttle Challenger lifts off January 28, 1986 from Kennedy Space Center, Florida. The Challenger and its seven member crew were lost seventy three seconds after launch when a booster rocket failed.

On Jan. 28, 1986, space enthusiasts were tuned into CNN for what looked to be a routine space-shuttle launch.  What viewers, and soon the whole country, witnessed was anything but routine.

A mere 73 seconds after liftoff, the Challenger broke up.  On TV, it looked more like an explosion.  Lost were six career astronauts and Christa McAuliffe, a high-school social-studies teacher who had been selected and trained for this mission.

The investigating committee would take two years to complete its report.

The temperature at the Kennedy Space Center had been unusually chilly that morning.  Chilly enough that engineers at Morton Thiokol, the company that designed the shuttle’s solid-rocket booster, warned their superiors that the rubber O-rings sealing the joints of the booster were vulnerable to failure.  The warnings went unheeded.

NASA managers were also made aware of the design problem.  They, too, failed to take action.  And so, the ill-fated launch went forward. 

Some say the decision was influenced by  “go fever,” an overall attitude of rushing to get a task done while overlooking potential problems or mistakes.

 

Go Fever

It’s coincidence that an hour or so after perusing Truth, Lies, and O-Rings: Inside the Space Shuttle Challenger Disaster, by Allen J. McDonald, I read a comment posted to the Purposeful Planning Institute’s Linked-in group by Matt Wesley, a top-notch family advisor based near Seattle. 

Please don't misunderstand. In no way am I about to imply that mucking up trust administration is even remotely related to a Challenger-like tragedy.

But “go fever” is on my mind when Wesley asks: “How are you [the attorney] designing this trust to ensure, with a high level of certainty, that it will do more good than harm in the lives of beneficiaries and trustees?”

I think for a moment, then alter the question.  This time it’s directed to trustees:  “How are you administering this trust to ensure, with a high level of certainty, that it will do more good than harm in the lives of beneficiaries?” 

And that’s where “go fever” comes in.

Trust officers often face competing pressures from management, team members and beneficiaries.

“The end of the quarter is coming up soon. Have you met your sales goals?”

“His mother doesn’t want him to get anything from his trust.  Please listen to her, after all, she’s my best client.”

“If you deny my request for funds, you’ll be hearing from my lawyer.”

Any of those sound familiar?

 

The Fatigue and Hunger Factors

Then there are the fatigue and hunger factors.  In Thinking, Fast and Slow, by Daniel Kahneman, the author cites a study that appeared in The Proceedings of the National Academy of Sciences.

Eight judges spend entire days reviewing parole applications.  Average time spent per application: Six minutes.  Typical “industry” rate for approving parole: 35 percent.

Here’s where it gets interesting…

The researchers plot the rate of approval against the time that had elapsed since the judges’ last food break.  And guess what?  If a judge reviews the application immediately following a meal, the chances for approval rise to 65 percent.  The approval rate steadily declines until the next scheduled meal.

And if you’re among the unlucky prisoners whose application for parole is reviewed while a judge is at his hungriest?  The approval rate drops to near zero.

This study might, just might, have implications for trust committees reviewing requests for distributions. (I’m smiling as I write this, but you never know…)

 

Fielding a Challenging Request

So, what’s a trust officer to do when presented with a challenging request from a beneficiary?

My advice: Go through your usual routine.  Ask the beneficiary the questions that you usually ask.  Seek the counsel of your manager and peers if that helps, just like you usually do.

When you’re all done doing the usual, add one more question:  “Am I administering this trust to ensure, with a high level of certainty, that it will do more good than harm in this beneficiary’s life?”

But first, grab a burger!

Hartley Goldstone, J.D., MBA, the author of TrustWorthy - New Angles on Trusts From Beneficiaries and Trustees," has served families for 25 years as attorney, trust officer, and planner.

About the Author

Hartley Goldstone

Founder, Trustscape LLC

www.NavigatingTheTrustscape.com

Hartley Goldstone, J.D., MBA, delights in being surprised by profound questions, having served families for 25 years as attorney, trust officer, and planner.

He co-authored, along with Kathy Wiseman, the recently published "TrustWorthy - New Angles on Trusts From Beneficiaries and Trustees," which is a collection of 25 personal — and positive — stories told by beneficiaries, trustees and their advisors. The book is an outgrowth of the ongoing Beneficiary and Trustee Positive Story Project begun in 2010. 

Today, Hartley offers keynote presentations, customized interactive workshops, and personal consultation to advisory firms, family offices, trust companies and inheritors in all stages of life.

Services are directed toward re-framing what has been described as the most complex, conflicted and difficult relationship known under the law — the “arranged marriage” between beneficiary and trustee — that too often fails downstream generations. The focus is on raising awareness of positive possibilities and then assisting to discern practical steps to tackle big questions.

Hartley's approach is to help clients find what's going right (while also acknowledging difficulties), build upon that "positive core," and arrive at exceptional results that go well beyond acceptable.

His application of the growing body of positive psychology research to personal trust relationships is unique in the industry.

Hartley has presented at conferences of the Family Office Exchange, Institute of Private Investors, American Bankers Association, Purposeful Planning Institute, and others. Also has been a guest lecturer at the University of Colorado Law School and the Sturm College of Law of the University of Denver.

He was awarded his Bachelor of Arts degree from the University of Pennsylvania and MBA and JD degrees from the University of Denver.

Hartley lives near Denver, Colorado with his wife and sons.