Help! My Minnesota Conservator is Confusing!

“Help!  My Minnesota Conservator is confusing!”

I hear this often from callers to Spence Legal.

MyMNConservator is Minnesota’s online conservatorship accounting program that allows (requires) conservators to file their inventory and annual accountings, which are required, electronically. While the MyMNConservator system has received national recognition, it is not free from complaints.

For the family (non-professional) conservator, MyMNConservator (“MMC”) is confusing. Heck, even for professional conservators (conservators for several non-family member clients), MyMNConservator can be challenging.  I think part of what makes it so challenging is that each conservatorship is unique – in terms of assets, income and expenses. The categories offered by MMC don’t always cover the situation. Gathering and entering the appropriate data can be a challenge, particularly during the first year of the conservatorship, when the conservator is just getting used to the assets and expenses of the protected person. Many family conservators are “old school” themselves and do not have the knowledge or sophistication to use an online accounting program, even when there are tutorials, guides and a help line available. I often see family conservators in court explaining to the judge that they don’t even own a computer (really!) and they just want to file their accounting with pencil and paper. Unfortunately, Courts only grant requests to file conservatorship accountings on paper in extraordinary circumstances.

Spence Legal assists conservators with MyMNConservator (and its’ predecessor – CAMPER).  If you need help with MyMNConservator, whether it’s creating an account, naming a designated agent, preparing an Inventory, entering accounting data or completing an annual or final account, please feel free to reach out to Cindi Spence at Spence Legal Services, (763) 682-2247.

 

FAQ Friday: What Paperwork Must a Guardian File Annually?

faq brownFAQ Friday is a new part of this blog where Spence Legal Services will provide answers to frequently asked questions on guardianships and conservatorships in Minnesota.  If you have a question that you would like answered for a future post, please submit it to Spence Legal via email (our contact information can be found on the “Contact Us” tab on this website)

FAQ:  What paperwork is a guardian required to file with the Court each year?

A guardian must complete and file with the Court an “Annual Well Being Report” and a “Notice of Right to Petition For Restoration to Capacity” within 30 days of the anniversary of their appointment as guardian.   These documents are simple forms that are available through the Minnesota State Court Website.   These forms must be completed by the guardian (by EACH guardian if there is more than one guardian), a copy served on the Ward and Interested Persons and filed with the Court (along with an Affidavit of Service).  The statute governing these reports is Minn. Stat. 524.5-316

Although most guardians are able to complete these forms on their own, some guardians find it helpful to have an attorney assist them with it the first year that they do it.

 

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