Minnesota Guardianships and Conservatorships

Getting incapacitated family members long-term care

When it becomes clear that a loved one can no longer manage his or her personal affairs due to physical disability or mental incapacity, the court may allow you to step into the role of guardian or conservator.  While making the decision to assume responsibility over another human being is never easy, we at the Holker Law Offices, PLLC recognize that it is sometimes necessary.  Our attorneys help you overcome the roadblocks and challenges you will likely face in your role as guardian or conservator.  We deliver guidance, experience and support you need to assume caretaking responsibilities over an incapacitated parent, sibling, child or other loved one.  We also offer conservators, guardians and other interested parties the dedicated representation they need to represent and defend the interests of the ward in court. 

What is a guardianship or conservatorship, exactly?

Guardianships and conservatorships are legal vehicles that give a court-appointed individual the right to make decisions for an incapacitated relative or loved one.  Mental illness and physical disability are both reasons that someone might need a guardian or conservator.  At incapacity determination hearings, the court requires a doctor or a court examiner to testify to examining the incapacitated person and provide an assessment of the degree of the person's illness or incapacitation.  Such medical testimony is often the lynchpin of the court's evidentiary finding and its ultimate decision to grant the petition. 

What are the responsibilities of a guardian or conservator?

Once you have been appointed a guardian or conservator, you will incur additional costs associated with ward-care training and financial reporting obligations.  When you become a guardian or conservator, the court requires that you obtain a sufficient knowledge of financial management, government benefits, medical issues and ethical restraints relating to taking care of an incapacitated adult.  Thereafter, judicial oversight requires periodic review of the financial and healthcare records of the incapacitated person to ensure that their personal interests are protected against improper conduct.  These reports are due to the courts annually, within 30 days after the date you were appointed as guardian. The report should detail many aspects of the incapacitated person's care, including:

• Personal living arrangements
• Changes in a medical condition
• Medical services provided for the ward
• Whether restrictions or restraints have been used on the ward
• Why restrictions or restraints were used on the ward
• The number of visits you make
• The type of relationship you have with the ward
• The degree of input the ward has as to his or her own physical treatment or medical care
• Financial reporting with respect to compensation for all those involved in the ward's care
• Any changes to the guardian's or conservator's criminal record

Call (763) 416-1672 or contact us online to schedule a free initial consultation.