Guardianships and Conservatorships

  • Is your disabled child turning 18?  If so, your “child” will be a legal adult and will be responsible for his own medical, educational and personal decisions, unless you become his legal guardian.
  • Is your elderly parent or spouse suffering from dementia or Alzheimer’s and no longer able to make his own safe, responsible decisions?
  • Has your family member been in an accident which has left him debilitated or in a coma and no longer able to communicate decisions about his medical or financial well being?
  • Has your minor child inherited insurance money and the insurance company says a guardian or conservator needs to be in place before they release the money?

If your loved one is unable to make and communicate responsible personal decisions, or unable to manage his or her assets, then a guardianship or conservatorship may be necessary. The whole “guardianship process” likely seems foreign to you.  It is complicated and stressful, particularly when you are already dealing with changes with your loved one.  The information here is designed to give you some general information about guardianships and conservatorships in Minnesota.  If you need more detailed information, see our Minnesota Guardianship and Conservatorship Law blog or contact Cindi Spence at Spence Legal Services at (763) 682-2247 to further discuss your needs.

Learn more about the Guardianship and Conservatorship process!

Some of Cindi’s most notable achievements include the following:

  • Represented daughter who petitioned for guardianship of elderly father suffering from Alzheimers Disease and being exploited by other daughters; Extremely contested Hennepin County case; Settled.
  • Represented same daughter who petitioned one year later for guardianship of her mother, who was being exploited by other daughters; Extremely contested Hennepin County case; Settled
  • Successfully defended the imposition of a guardianship over an 80 year old woman whose children petitioned for guardianship and conservatorship and at the same time sued her in a civil action to undo a conveyance of 800 acres of farm land (conveyance was upheld after 4 day trial); Renville County.
  • Successfully defended elderly woman whose children petitioned for guardianship and conservatorship allegedly based on dementia. Petitioner dismissed her petition after 5 days of depositions; St. Louis County.
  • Successfully petitioned to remove guardian who was improperly restricting visitation with the ward and making inappropriate medical and living decisions for the ward; Mower County
  • Winning extremely contentious, document intensive case where client successfully petitioned for the appointment of a conservator for his elderly father, who was being financially and emotionally exploited by his young female caregiver. The caregiver was eventually prosecuted by the Attorney General for financial exploitation of a vulnerable adult as a result of my case.
  • Successfully obtaining guardianship for my clients of their 11 year old nephew, whose mother had died and who was being abused by his uncle, who was also petitioning for guardianship and opposing my clients’ petition.
  • Court appointed to represent over 100 respondents in guardianship and/or conservatorship proceedings

 

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