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3rd Feb 2017

Many individuals have questions in regard to how to properly care for a family member or loved one who is incapacitated or otherwise incapable of making appropriate decisions.  To this end, Minnesota permits interested parties, such as family members, to initiate Guardianship and/or Conservatorship proceedings.


A Guardian of an incapacitated person is awarded certain legal powers and is required to adhere to specific duties.  More specifically, Guardians may have the power to establish a residence for an incapacitated person, oversee the incapacitated person’s health care, make personal decisions for the incapacitated person, and otherwise monitor the personal needs of the incapacitated person.  Guardians are also responsible for ensuring that the decisions of the Guardian are in the best interests of the incapacitated person and in providing interested parties with regular updates in regard to the wellbeing of the incapacitated person.


Conversely, a Conservator of an incapacitated person is granted the legal power to make financial decisions on behalf of the incapacitated person.  A Conservator is largely responsible for assisting the incapacitated person with the management of their assets, the payment of their bills, and the sale of their property.  As with a Guardian, a Conservator is required to act in the best interests of the incapacitated person and must maintain detailed records and updates related to the financial condition of the incapacitated person.


In order to be appointed as a Guardian or Conservator, an individual must submit a Petition within the appropriate district court.  Following the submission of the Petition and all other necessary filings, a Hearing will be held in order to determine whether the Petition should be granted, as well as what specific powers, if any, should be awarded to the Guardian or Conservator. 


Anderson, Larson, Saunders & Klaassen, p.l.l.p. has significant experience in Guardianship/Conservatorship matters and is capable of providing legal assistance for either proposed Guardians/Conservators or allegedly incapacitated persons.