Taking Care: Understanding Guardianship and Conservatorship Laws in Minnesota

Many of us pitch in to provide some extra TLC for elderly parents, adult relatives, or friends. But there’s checking in with some chicken noodle soup and then there’s a whole Elder man in wheelchairdifferent level of care. Think: Dressing. Bathing. Feeding. Managing activities of daily living. Tackling money matters.

If someone in your life needs more than basic support, it might be time to consider guardianship or conservatorship. A guardian has legal authority over another individual’s life, including big choices such as where to live, as well as the nitty gritty details. A conservator has legal authority over another individual’s finances, which may include decisions about how money should be spent, saved, or invested. If the court decides to appoint a guardian or conservator for an incapacitated person, the incapacitated person is legally known as a “ward.” You may already be functioning as a guardian or conservator for all intents and purposes, but formalizing the process makes everything a whole lot easier. (For one thing, it makes sure you don’t end up in the slammer for stealing from Grandma when you’re just trying to make sure she pays her taxes.)

Is this for me?
Wondering if someone in your life qualifies for a guardianship or conservatorship? There’s no ironclad threshold, and every case is up to the courts. But here’s a litmus test that we at Johnson/Turner Legal often use: Imagine this person needs a new place to live. Is he or she theoretically capable of conducting an apartment search as well as reading and understanding a lease? If the answer is yes, a guardianship or conservatorship might not be appropriate at this time. There are less restrictive alternatives that still provide a measure of support, guidance, and protection. These vary based on specific needs but could include appointing a Power of Attorney or representative payee, or drafting a health care directive.

If, however, the answer is no, you might wake the paperwork off your plate. Because when there’s no paperwork on the plate, there’s more room for chicken soup.

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Taking Care: Understanding Guardianship and Conservatorship Laws in Minnesota