Guardianships & Conservatorships
Minnesota guardianships and conservatorships provide legal protections for individuals who are unable to make decisions due to incapacity or disability.
These court-appointed roles ensure responsible management of personal, medical, and financial affairs. Our experienced Minnesota elder law attorneys guide families through the guardianship and conservatorship process with compassion and clarity. Trust us to protect your loved ones’ rights while navigating Minnesota’s legal requirements efficiently.
Deliverables
A guardianship and conservatorship attorney helps clients establish legal protections for loved ones who cannot manage their personal or financial affairs.
They guide families through the court process, ensuring responsible decision-makers are appointed to safeguard well-being and assets.
Working with us will provide you with:
Comprehensive case evaluation and strategy planning.
Preparation and filing of all necessary court petitions and legal documents.
Representation and advocacy during court hearings and proceedings.
Ongoing legal support to ensure compliance with guardianship and conservatorship responsibilities.
We go above and beyond by providing personalized, compassionate support throughout every step of guardianship and conservatorship cases. With extensive experience and a dedicated team focused on these practice areas, we ensure your loved ones receive the protection and care they deserve.
Our Journey Together
1. Contact & Intake
The process begins when a potential client reaches out to our office, either through phone, email, or our website. During the intake, we gather essential details about the situation, including the individual’s needs, the family dynamics, and any immediate concerns. We ensure all questions are answered and provide an overview of the legal steps involved.
2. Initial Consultation
Once we have the necessary information, we schedule an initial consultation, which may be in person or via video. In this meeting, we listen to your specific concerns, explain guardianship and conservatorship options, and assess the best path forward. We will explain the legal requirements, timelines, and potential costs involved in filing for guardianship or conservatorship.
3. Strategy & Retention
After the consultation, we will outline a tailored legal strategy based on your unique situation. If you choose to move forward, we will discuss the terms of representation, including the scope of our services and fees. Once you decide to retain our services, we’ll provide you with a retainer agreement, and officially begin working on your case.
4. Preparation & Filing
From there, we handle the preparation of all necessary legal documents, filing petitions with the court, and guiding you through the hearing process. Our dedicated team will ensure everything is in place for a smooth legal journey, while always keeping you informed and supported along the way.
Who Our Services Help
- Adult children seeking to protect aging parents who can no longer make decisions independently.
- Spouses needing to establish legal authority to manage their partner’s personal, medical, or financial affairs due to illness or incapacity.
- Parents and family members of individuals with physical or mental disabilities who need someone to manage their daily decisions.
- Legal representatives for individuals who are experiencing cognitive decline, such as dementia or Alzheimer’s, and require decision-making support.
- Caregivers who want to ensure they have the legal authority to act on behalf of their loved one when making healthcare or financial decisions.
- Individuals involved in a family dispute over who should serve as guardian or conservator, requiring legal assistance to resolve the matter.
- Concerned friends or relatives of someone who is unable to care for themselves or protect their own interests and needs legal intervention.
Evolution — Ongoing Legal Services
Once a guardian or conservator has been appointed, there are several ongoing legal services we provide to ensure the well-being of the protected individual and compliance with the court’s requirements:
Court Filings and Reporting
Guardians and conservators are required to submit regular reports to the court regarding the individual’s care, finances, and overall well-being. We assist with preparing and filing these reports, ensuring they meet all legal standards and deadlines.
Asset Management and Protection
For conservators managing financial matters, we provide guidance on managing assets, making distributions, and ensuring that the individual’s financial interests are protected in accordance with the law.
Legal Guidance on Care Decisions
Analyzing your whole situation uncovers hidden risks and opportunities that a one-size-fits-all plan might miss. This comprehensive approach ensures your estate plan truly fits your unique needs, protects your loved ones, and adapts to life’s changes—giving you lasting peace of mind.
Assistance with Modifications
If the guardianship or conservatorship arrangement needs to be modified due to changes in the individual’s circumstances, we assist in filing petitions to update the terms or appointments.
Compliance and Advocacy
We ensure that guardians and conservators are fully compliant with all state regulations and court orders, advocating for the best interests of the protected person in any legal matter that may arise.
These services provide peace of mind, ensuring the legal responsibilities of guardianship or conservatorship are met and that the individual’s rights are continuously safeguarded.
Your Dedicated Guardianship & Conservatorship Team
Danielle Winther
Paralegal
McKinzie McDowell
Legal Assistant
Frequently Asked Questions
1. What is the difference between a guardian and a conservator?
A guardian is responsible for making personal decisions for someone, such as medical care, living arrangements, and general well-being. A conservator manages the financial affairs of an individual, including assets, income, and expenses.
2. Why do I need an attorney to establish a guardianship or conservatorship?
An attorney ensures the legal process is followed correctly, helping you navigate complex court requirements, file necessary petitions, and represent your interests in hearings. The process can be intricate, and an attorney ensures that everything is done legally and in the best interest of your loved one.
3. How do I know if my loved one needs a guardian or conservator?
If your loved one can no longer make decisions due to mental or physical incapacity, a guardian or conservator may be necessary. This can include individuals with dementia, Alzheimer’s, severe disability, or those who are temporarily incapacitated due to illness or injury.
4. What is the process for hiring an attorney for guardianship or conservatorship?
You’ll start by scheduling an initial consultation with an attorney. During this meeting, the attorney will assess your situation, explain the legal requirements, and help you determine if guardianship or conservatorship is appropriate. If you decide to move forward, the attorney will guide you through the filing process and represent you in court.
5. What are the costs associated with guardianship or conservatorship?
Costs can vary depending on the complexity of the case, including court fees, attorney fees, and possible expert evaluations. Our office will provide a clear estimate of costs upfront so you understand what to expect. We are committed to transparency and helping you budget accordingly.
6. How long does the guardianship or conservatorship process take?
The process can take several months, depending on the complexity of the case and the court’s schedule. We will work diligently to expedite the process and keep you informed at each step.
7. Can I be removed as a guardian or conservator?
Yes, a guardian or conservator can be removed if they fail to meet their duties or if the court finds there is a conflict of interest. If you are concerned about being removed or need to remove someone else, our attorneys can guide you through the legal steps.
8. What happens after a guardianship or conservatorship is established?
Once appointed, the guardian or conservator must fulfill their responsibilities as directed by the court. This includes making decisions for the individual, managing finances, and reporting regularly to the court. Our team is available for ongoing support and legal advice.
9. Can I modify the guardianship or conservatorship arrangement later?
Yes, if circumstances change or if there is a need to adjust the arrangement, you can petition the court for modifications. Our attorneys can help you determine when and how changes should be made to ensure continued protection for your loved one.
10. How do I choose the right guardian or conservator?
Choosing the right individual for these roles is crucial. It should be someone trustworthy, responsible, and capable of fulfilling the duties required by the court. Our attorneys can provide guidance on selecting the most suitable person based on your loved one’s needs.