Minnesota Guardianships: The Role of the Court Appointed Attorney

When a guardianship petition is filed, the Court usually appoints an attorney to represent the Respondent (the person over whom guardianship and/or conservatorship is sought). The court appointed attorney is there to act as a legal advocate for the Respondent. The attorney will contact the Respondent and meet with him to discuss the guardianship proceedings. The attorney will explain the proceedings, explain the options that the Respondent has in the guardianship proceeding (typically to agree to the guardianship, or to object to the guardianship and

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Book Review: Somebody I Used To Know

I just finished reading Wendy Mitchell’s memoir, “Somebody I Used To Know”. Wow. It is a must read – not only for everyone caring for someone living with Alzheimer’s, but for everyone. Wendy was diagnosed with early onset Alzheimer’s in 2014, when she was only 58. This book is about Wendy’s journey, through her eyes. It is filled with insight and tips on what it’s like living with Alzheimer’s, as well as many reminders that we should all enjoy our current lives and live in

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Minnesota Guardianships: The Role of the Judge

In order for a guardianship and/or conservatorship to be established in Minnesota, a Judge needs to listen to evidence and then issue an Order and Letters. The Order is the document that sets forth the factual and legal basis for finding that a guardianship or conservatorship is necessary. The Judge decides whether a guardianship or conservatorship is necessary by reviewing the documents that are submitted in advance of the hearing (usually the petition, sometimes medical documentation and a court visitor report), reviewing any documents that

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Minnesota Guardianships: The Role of a Court Visitor

When a petition for guardianship and/or conservatorship is filed in Minnesota, the usually appoints a Court Visitor. The Court Visitor is an agent of the Court, whose purpose is to serve the petition on the respondent (the person over whom guardianship or conservatorship is sought) and to meet with respondent to explain the petition and find out the respondent’s thoughts on whether a guardian or conservator is needed. The Court Visitor then issues a report, which is filed with the Court and provided to the

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New Personal Well Being Report Forms for Minnesota Guardianships

The Minnesota Judicial Branch now requires that guardians in Minnesota complete and submit a new Personal Well Being Report form.  The new personal well being report form can be found on the Minnesota State Court Court website here.  Disclaimer: Many guardians, attorneys and other professionals who have looked at and used the new form have found it to be very difficult to complete. As written currently, the form does not provide guidance on its new “1 to 5 numbering system”.  The form also doesn’t make

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Can More Than One Person Serve As Guardian in Minnesota?

Clients often ask me whether more than one person can be guardian for an individual.  The answer is yes – so long as the co-guardians are able to work together to do their work. It is imperative that the co-guardians be able to communicate with one another and have a good working relationship. It’s also important to remember that each guardian must submit an annual personal well being report (some counties allow one report to be submitted, as long as it is signed by each

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A blog about all things guardianship and conservatorship.