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Minnesota Guardianship Attorneys

Jeddeloh & Snyder PA has been providing legal counsel in the area of conservatorship for over 30 years, becoming Minnesota's trusted guardianship attorneys. Get guardianship help and advice

Minnesota Guardianship Attorneys

Jeddeloh & Snyder PA has been providing legal counsel in the area of conservatorship for over 30 years, becoming Minnesota's trusted guardianship attorneys. Get guardianship help and advice

 

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Guardianship in Minnesota

Guardianship in Minnesota is the process in which someone is appointed to be the legal guardian of another, due to incapacitation. The person is considered ‘incapacitated’ due to a medical or mental condition that leads to the inability to make or communicate decisions in regards to medical care, personal care, and finances. Before a guardian is allowed and assigned, a court of law must determine the person is unable to make decisions for themselves. A ‘guardian’ is appointed to manage the incapacitated person’s financial affairs. Laws for guardianship vary from state to state, so for our purposes we will focus on guardianship in Minnesota.

Guardianship in Minnesota

Who can be a guardian in the State of Minnesota?

In most cases, a guardian must pass a criminal background check. An appropriate choice for a guardian would be a friend or family member. In some cases a professional (a social worker, for example) can be assigned. If there is a disagreement on whom should be the guardian, the court will determine the best interests of the incapacitated person. Guardianship in Minnesota will be decided in the following order:

  • A guardian acting for the person in Minnesota or elsewhere
  • A guardian appointed by the individual under a health care directive (The spouse of the individual, or another individual specifically assigned in a deceased person’s will or legal signed document.)
  • An adult child of the person
  • A parent of the person or another individual nominated by a deceased parent
  • An adult with whom the person has lived with for more than six months

What are the duties of a guardian in Minnesota?

The powers of a guardian can include any or all decisions. This includes custody, residence, property, consent for or refusal of medical treatment, governmental assistance, and general supervision of the person.

According to the State of Minnesota, the guardian has the duty to provide for the person’s “care, comfort, and maintenance needs, including food, clothing, shelter, health care, social and recreational requirements. Whenever appropriate, training, education, and habilitation or rehabilitation.” Minn. Stat. §524.5-313.

The guardian has no legal duty to pay for these items out of their personal funds, but should be apprised of the person’s current finances to arrange such care. They have the responsibility to take reasonable care of the person’s personal property. If necessary, they may seek conservatorship of the estate. The guardian must make an annual report to inform the court of the person’s well-being. They must also provide the person with a notice of rights to petition the court to end the guardianship.

Help with guardianship in Minnesota

Some considerations for Guardianship in Minnesota

There can be quite a few factors surrounding guardianship, including financial and personal care decisions. The power of attorney is another aspect of these determinations, as it also involves an individual making decisions on another’s behalf.

The Difference Between Guardianship and Power of Attorney

Power of Attorney in Minnesota

Power of attorney and guardianship are tools that help someone act on your behalf if you become incapacitated. With power of attorney, you choose whom you want to act for you. In a guardianship proceeding, the court determines who will act as guardian. Many of the responsibilities are the same, with the exception that power of attorney is specifically intended for financial decisions. A person can be the guardian and have the power of attorney for another individual at the same time. Also, more than one person can be granted power of attorney for the same person, to act independently or jointly.

Because guardianship involves a significant loss of dignity and freedom, Minnesota state laws require certain regulations. Guardianship is imposed only when less restrictive options, such as a power of attorney, have been tried and proven to be ineffective.

The Emotional AspectGuardianship in Minnesota - importance to family

It can be difficult to be asked to act on the behalf of a family member or friend. However, there is a certain level of trust that the person is placing in you. They believe that you will ensure that they are treated well and that their wishes are honored, in sickness and death. It can be an honor to fulfill this role, even though it may be difficult.

The Importance of Guardianship in Minnesota

While it may be an uncomfortable subject, and a difficult decision to make, appointing a guardian is essential if a person were to become incapacitated. Guardianship in Minnesota is the process in which someone is assigned to act on the behalf of the incapacitated person. Performing this role is integral to the care of the individual, in that the guardian ensures that the person receives the best care, including proper medical care, personal care, and finances.

Experienced Attorneys with compassion.

The attorneys at Jeddeloh & Snyder are dedicated to your case. We have been providing compassionate and trusted guardianship representation for over three decades. We have the experience to protect your loved one in this time of need.

Call today for your consultation!

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