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.

 

FAQ Friday: Who are “Interested Persons” in Minnesota guardianship proceedings?

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FAQ 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:  Who are “Interested Persons” in Minnesota Guardianship Proceedings?

Interested Persons are defined by statute in Minnesota Guardianship Proceedings.  The relevant statute is Minn. Stat. 524.5-102, subd 7, which defines “Interested Persons” as follows:

Subd. 7.Interested person.

“Interested person” includes:

(i) the ward, protected person, or respondent;

(ii) a nominated guardian or conservator, or the duly appointed guardian or conservator;

(iii) legal representative;

(iv) the spouse, parent, adult children and siblings, or if none of such persons is living or can be located, the next of kin of the ward, protected person, or respondent;

(v) an adult person who has lived with a ward, protected person, or respondent for a period of more than six months;

(vi) an attorney for the ward or protected person;

(vii) a governmental agency paying or to which an application has been made for benefits for the respondent, ward, or protected person, including the county social services agency for the person’s county of residence and the county where the proceeding is venued;

(viii) a representative of a state ombudsman’s office or a federal protection and advocacy program that has notified the court that it has a matter regarding the ward, protected person, or respondent;

(ix) a health care agent or proxy appointed pursuant to a health care directive as defined in section 145C.01, a living will under chapter 145B, or other similar document executed in another state and enforceable under the laws of this state; and

(x) any other person designated by the court.

 

FAQ Friday: How Long Does An Emergency Guardianship Last in Minnesota?

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FAQ 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:  How long can an emergency guardianship last in Minnesota?

An emergency guardian may be appointed for 60 days, unless the County was the petitioner, in which case an emergency guardian may be appointed for 90 days.  See Minn. Stat. 524.5-311.

 

FAQ Friday: What is a Court Visitor in Minnesota Guardianship Proceedings?

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FAQ 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 does a Court Visitor do in Minnesota Guardianship Proceedings?

When a guardianship or conservatorship petition is filed, the Court appoints someone called a “Court Visitor”.  (See Minn. Stat. 524.5-304).  The role of the Court Visitor is to serve the petition on the Respondent (the person for whom a guardianship is being sought),  to go over the petition with the Respondent  and to provide a written report to the Court about the visit.  The Court Visitor’s report will include an opinion as to whether guardianship/conservatorship appears to be appropriate, based upon the Visitor’s interactions with, and observations of, the Respondent.  The Court Visitor will usually call the Respondent, or the person taking care of the Respondent, in advance of the meeting to coordinate a meeting.  Sometimes the Court Visitor will make an unannounced visit to the Respondent.  The Court Visitor will make note in his/her report whether anyone else was present during the meeting with the Respondent.  The Court Visitor’s report is filed with the court and a copy is given to the Petitioner or his attorney in advance of the hearing.