Minneapolis-St. Paul Guardianship And Conservatorship Attorneys
Guardianships and conservatorships are used to protect people and their finances if they suffer from legal incapacity due to conditions such as Alzheimer’s, dementia or the effects of a severe accident involving a brain injury. Guardianships and conservatorships give another party the authority to make medical, financial and other decisions the person subject to guardianship and/or conservatorship is deemed incapable of making.
If you need assistance with a guardianship or conservatorship, contact the office of Mason & Helmers in St. Paul. Our attorneys provide representation to clients throughout the entire Twin Cities metro area, using their wealth of experience to advise clients when establishing a guardianship or conservatorship.
Guardianship
A guardianship allows a party to have custody over another in a manner similar to that of a parent over a child. A guardian provides for the ward’s care, comfort and maintenance needs, including food, clothing, shelter, health care, social and recreational requirements, and, whenever appropriate, training, education or rehabilitation. The court will lay out the specific powers in each case.
Conservatorship
A conservator is granted power to handle the financial estate and interests of the person subject to conservatorship. A conservator pays for the care, education and housing out of the estate and is responsible for investing assets in accordance with the prudent investor rule. Should the need arise to sell any real property of the estate, the conservator, with court supervision, may initiate and complete the transaction.
The actions of a guardian or conservator are far-reaching and the appointment requires a petition, a court hearing and a background check. Guardians and conservators are subject to court supervision in the performance of their duties. We have experience handling the appointment of guardians and conservators and we can explain the process and whether someone may be eligible to serve as a guardian or conservator.
In some cases, a family member will approach us, requesting our help with appointment as a guardian or conservator for a parent or other family member. In other situations, we may assist with having a professional fiduciary appointed as conservator. These are sensitive issues and our firm is dedicated to doing all we can to help families find the best solutions possible for their situations.
Guardianships and conservatorships can also be appropriate in situations where the exploitation of a vulnerable adult is suspected.
Frequently Asked Questions About Guardianships And Conservatorships
Guardianship and conservatorship cases can raise questions about court rules, ongoing duties and changes in a person’s needs. The following answers explain key issues that may affect you or your family:
What are the court requirements to become a guardian or conservator in the Twin Cities?
Minnesota courts review whether you can carry out the duties of a guardian or conservator. The court also considers whether your appointment would protect the person’s health, safety or finances.
You will generally need to complete a background study before the court can appoint you. The review may cover criminal records, maltreatment records and certain licensing information. You must also take part in the court process, which includes a petition and a hearing.
During the hearing, the court considers the person’s needs and the powers that the case requires. It may choose a qualified family member, another suitable person or a professional fiduciary. The court can also limit the powers of a guardian or conservator when the person only needs help in certain areas.
What ongoing reports must you file after the St. Paul probate court appoints you?
Your reporting duties depend on whether you serve as a guardian, a conservator or both. These reports help the court review the person’s care and finances while your appointment continues.
If you serve as a guardian, you generally must file a Personal Well-Being Report each year. The report covers the person’s health, living situation, services and social needs. It also helps the court decide whether the guardianship should continue in its current form.
If you serve as a conservator, you must report on the person’s finances. Your accounting should include assets, income, expenses and other financial activity. You must continue meeting these duties for as long as you serve in the role.
When and how does a guardianship or conservatorship end in Minnesota?
A guardianship or conservatorship does not always last for the rest of a person’s life. Changes in health, ability or other circumstances may give the court a reason to end or modify the arrangement.
For example, the court may end a guardianship if the person regains the ability to make their own decisions. A conservatorship may also end when the person no longer needs help managing finances. Death can end either arrangement as well.
Your own role can also end if you resign, die or the court removes you. If the person still needs protection, the court may appoint someone else to serve.
Contact Us Today
To further discuss a guardianship or conservatorship, contact Mason & Helmers in St. Paul, Minnesota. We are committed to serving the needs of every client with skill, creativity and concern. Call 651-323-2548 to set up an appointment.