Posts Tagged ‘Conservator’

A staggering number of people will need to be assigned guardians in the next 10 to 20 years.  The sad fact is many people assigned to guardians have no other choice.  At least some of them could have avoided that eventuality by setting up a power of attorney (POA) while they were still deemed capacitated. […]

A staggering number of people will need to be assigned guardians in the next 10 to 20 years.  The sad fact is many people assigned to guardians have no other choice.  At least some of them could have avoided that eventuality by setting up a power of attorney (POA) while they were still deemed capacitated. […]

If you are frustrated with the actions or decisions of a guardian or conservator, the first step is to talk with the guardian/conservator directly about your concerns and work toward a resolution.  Most issues can be resolved by communicating about them. The communication may require clarifying the role and limits placed on the guardian/conservator; finding […]

What is guardianship? A legally supervised relationship in which a guardian is appointed by a court and is given the legal right and duty to care for the ward, because the ward is unable to legally act on his or her own behalf due to age, mental or physical incapacity. MS 524.5-313 What is a […]

A conservator manages the finances of a person (protected person) who is unable to handle his or her financial affairs. The conservator is subject to court supervision but has a great deal of authority and discretion. Frequently, family members disagree over whom should be appointed conservator. Minnesota law establishes the order of priority for the […]

When the Court determines that a person (ward) has an impaired ability to make personal needs decisions, the courts will appoint a guardian to make living arrangement and health care decisions.  Minnesota law establishes an order of priority to determine who shall be appointed.  The highest priority is given to the current guardian and next […]

Legal issues that affect people as they age and people with special needs are growing in number.  Our laws and regulations are becoming more complex, and each state has different laws. Actions taken in a single matter may have unintended legal effects. It is important for attorneys working with seniors, people with special needs, and […]

A person may petition the court to have an emergency guardian appointed if the person is in imminent harm or danger and the guardianship is immediately necessary for protection. Under these circumstances the court will grant to the emergency guardian the powers necessary to provide for the needs of the ward.   The emergency guardianship […]

In every case in which the Court orders the appointment of a guardian to make decisions for another, the Court finds that the ward is unable to make decisions on his or her own behalf and is “incapacitated”. What does incapacity mean?  This means that the ward is unable to make personal decisions and is […]

Guardianship cases are confusing to clients.  They are often surprised that the Court uses appointed attorneys to advise and represent proposed Wards.  In almost every guardianship proceeding, the Court appoints an attorney for the person alleged to be incapacitated (generally referred to as the “proposed Ward”).  The attorney is selected by the Court from a […]