New Procedures in Hennepin County Probate Court

Court Opinions

For those of you practicing in Hennepin County Probate/Mental Health Court, please note the following announcement, which was released yesterday:

Effective June 2, 2015, the Probate/Mental Health Division will change how probate cases are scheduled on commencing and account hearing calendars. When commencing or account hearing petitions are filed, they will be scheduled on the following days:

 Formal Estates (Commencing) – Monday mornings

 Guardian/Conservator (Commencing & Accounts)– Tuesday, Wednesday or Thursday mornings

 Trusts(Commencing & Accounts) – Wednesday afternoons

The filing party must include either a cover letter with the petition or must add a comment in the EFS envelope when documents are efiled specifying dates that will not work for his/her schedule, if conflicts exist. If no dates are specified, court administration will assume the matter may be scheduled on any date. The filing party will be notified of the date on which the petition is scheduled as soon as possible. Court hearings are typically scheduled to be heard within 45 to 60 days of receipt of the petition.

Effective immediately, all attorneys are required to file Certificates of Representation pursuant to Gen. R. of Prac. 104.

Questions may be referred to Court Administration at 612-348-3244.

Guardianship and Conservatorship Video (Minnesota)

elderlyIf you are petitioning to be a guardian or a conservator in Hennepin County, you must watch this series of videos about the responsibilities of being a guardian or conservator in Minnesota.  It’s good viewing for individuals considering being a guardian or conservator in any county in Minnesota.  I have all of my clients watch it and many of them are surprised by the duties and responsibilities that come with being fiduciary for an incapacitated person.

New Guardianship/Conservatorship Educational Video Requirement in Hennepin County

Beginning on December 1, 2011, proposed guardians and/or conservators in the Fourth Judicial District (Hennepin County, MN), must view an educational video prior to the initial hearing. They will also be required to submit a modified version of the acceptance and oath, stating that they have viewed the video.

The purpose of the video is to educate proposed guardians and conservators on their duties prior to the initial hearing. The video has 7 segments, totaling 34 minutes in length. The segments are on the following topics: Introduction to Guardianship/Conservatorship; What Guardianship is Not; Less Restrictive Alternatives to Guardianship and Conservatorship; Roles and Responsibilities of a Guardian; Roles and Responsibilities of a Conservator; Annual Reporting Requirements; Common Issues and Problems.

The full press release, detailing the new requirements, can be found on the Minnesota State Court website here.
The video itself, along with a link to the modified Oath and Acceptance form, can be found on the Hennepin County Probate Court website here.