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Guardianship & Conservatorship

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Minnesota Guardianship and Conservatorship Lawyers

Helping Families Care for Their Loved Ones

When an adult cannot fully care for themselves, it may become necessary for someone else to step in to make important medical, financial, or daily life decisions on their behalf. This situation often arises when an adult is mentally incapacitated due to aging, illness, or disability. At Johnson/Turner, we understand that navigating the guardianship and conservatorship process can be confusing and emotional. Our team is here to guide you through each step, ensuring that your loved one receives the care and support they need.

Guardianship vs. Conservatorship: What’s the Difference?

In Minnesota, guardianships and conservatorships fulfill different roles, though both exist to protect the well-being of an incapacitated person (known as the “ward” or “protected person”).

Guardianship: A guardian is responsible for making personal and medical decisions for a ward. This may include choosing where they live, overseeing healthcare, and assisting with daily activities. Guardianship is often appointed when a person cannot care for their basic needs and requires another adult to ensure their safety and well-being.
Conservatorship: A conservator, by contrast, manages the financial affairs of a protected person. This could involve paying bills, managing investments, selling assets, or planning for long-term financial security. Conservatorship is generally necessary when the protected person is unable to manage their finances independently, regardless of their physical capabilities.

In some cases, a person may need both a guardian and a conservator to protect their personal and financial interests. Our experienced attorneys can help you determine which arrangement best meets your loved one’s needs.

What Is a Guardian Ad Litem?

In Minnesota, a guardian ad litem is appointed specifically to represent a child’s best interests in a particular legal matter, such as adoption, custody, child support, or divorce. Unlike a legal guardian who provides long-term care and advocacy, a guardian ad litem acts solely within the context of the specific legal case. This role is distinct from a general guardian’s responsibilities, focusing solely on legal advocacy during a temporary, high-stakes situation.

The Guardianship & Conservatorship Process

Establishing a guardianship or conservatorship involves several legal steps. Here’s what you can expect:

Filing the Petition: To begin, you must file a petition with the probate court in the county where the potential ward or protected person resides. This petition provides the court with an overview of the person’s needs and reasons for seeking guardianship or conservatorship.
Notifying Relevant Parties: After filing, the petitioner must serve notice of the legal action to the proposed ward/protected person, as well as their current caregivers and close family members. This ensures that all interested parties are aware of the proposed guardianship or conservatorship.
- Court Hearing: At the hearing, the petitioner presents evidence to the court to demonstrate why a guardian or conservator is needed. Medical evaluations, financial documentation, and witness testimonies may support the case. The court will assess this evidence to determine if the proposed ward is indeed unable to make sound personal or financial decisions.
- Appointment and Legal Responsibilities: If the court grants guardianship or conservatorship, the appointed individual gains the authority to make decisions on behalf of the ward or protected person. They must adhere to strict ethical and legal standards, acting solely in the best interests of their charge.

Responsibilities of Guardians and Conservators

Once appointed, both guardians and conservators take on significant duties and must maintain ongoing communication with the court.

Guardians: A guardian is responsible for the overall well-being of their ward, which includes making healthcare and personal decisions. Guardians must file an annual report with the court, detailing the ward’s physical, social, and mental status, as well as updates on care and living arrangements.
Conservators: Conservators handle the financial matters of the protected person, including managing assets, paying bills, and overseeing investments. Within 60 days of their appointment, a conservator must submit a detailed inventory of the protected person’s assets to the court. Additional court approvals may be needed for significant financial actions, such as selling property.

Both roles require careful management and regular reports to the court to demonstrate that the ward’s or protected person’s needs are being met.

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Why Choose Johnson/turner

Meeting Your Legal Needs

Choosing Johnson/Turner means having a compassionate and knowledgeable team by your side throughout the guardianship or conservatorship process. Here’s what makes us different:

Dedicated, Multi-Disciplinary Team: You’ll work with an experienced attorney, paralegals, a client engagement specialist, and a life coach. This team approach ensures you have both legal expertise and emotional support as you take on these responsibilities.
Transparent Flat-Fee Pricing: With our flat-fee pricing model, you’ll know the full cost upfront, with no unexpected charges or hourly fees. You can focus on your role as a guardian or conservator, free from financial stress.
Comprehensive Guidance: Our attorneys offer a thorough understanding of Minnesota’s guardianship and conservatorship laws, helping you meet your legal obligations and protect your loved one’s best interests.

Becoming a guardian or conservator is a significant responsibility, and Johnson/Turner is here to make sure you have the guidance and resources you need every step of the way. Contact us today to discuss your case and learn how we can help you establish or manage a guardianship or conservatorship in Minnesota.

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Life Coaching Services

Your legal well-being is our first concern, but we also want to help you create your own story. Matt Tuttle, our resident Life Coach, is here to help you navigate this difficult transition in your life by building on your strengths and abilities. As a client, you receive Matt’s Life Coaching service at no additional charge throughout the duration of your guardianship/conservatorship case.