Guardianships &
Conservatorships

Minnesota guardianships and conservatorships offer legal protections for individuals who cannot make decisions due to incapacity or disability. These court-appointed roles ensure the responsible management of personal, medical, and financial matters.

 

Our experienced elder law attorneys in Minnesota guide families through the guardianship and conservatorship process with compassion and clarity. You can trust us to protect your loved ones’ rights while efficiently navigating Minnesota’s legal requirements.

Two people stand close together, each resting a hand on the other’s chest—perhaps discussing life care planning or Minnesota elder law. One wears a yellow shirt with a plaid overshirt, and the other wears brown. Only their torsos and arms are visible.

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.
A person holding a cup of coffee is looking at printed documents on a table, focusing on a colorful chart or report related to estate planning Minnesota and financial planning.

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

A woman in a white blazer, possibly an elder law attorney, smiles and shakes hands with an older man in a plaid shirt at a round table in the Twin Cities, with a laptop and Medicaid planning documents nearby. Another older person is seated close.

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

A young woman explains Medicaid planning on a laptop to two older adults sitting at a table with papers and a smartphone. All three are smiling and engaged in conversation in a bright, cozy Twin Cities room.

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

A woman in a white blazer stands beside a table, assisting two older adults with estate planning Minnesota documents and paperwork in a bright room with a plant in the background.

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

A woman sits at a round table talking to two older adults about estate planning Minnesota. She smiles and gestures with a pen while a laptop and papers are on the table in a cozy, well-lit room with a large houseplant by the window.

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.

Ongoing Legal Services

Once a guardian or conservator is appointed, we offer several ongoing legal services to ensure the well-being of the protected individual and compliance with court requirements:

 

Court Filings and Reporting
Guardians and conservators must submit regular reports to the court concerning the individual’s care, finances, and overall well-being. We assist in preparing and filing these reports, ensuring they adhere to all legal standards and deadlines.

 

Asset Management and Protection
For conservators overseeing 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
By analyzing the entire situation, we identify hidden risks and opportunities that a one-size-fits-all plan may overlook. This comprehensive approach ensures that your estate plan fits your unique needs, protects your loved ones, and adapts to life’s changes, giving you lasting peace of mind.

 

Assistance with Modifications
If changes in the individual’s circumstances necessitate modifications to the guardianship or conservatorship arrangement, we assist in filing petitions to update the terms or appointments.

 

Compliance and Advocacy
We ensure that guardians and conservators comply with all state regulations and court orders, advocating for the best interests of the protected person in any legal matters that may arise.

 

These services provide peace of mind, ensuring that the legal responsibilities of guardianship or conservatorship are met and that the individual’s rights are continuously safeguarded.

Your Dedicated Guardianship &
Conservatorship Team

FOUNDER, ATTORNEY AT LAW

Sarah focuses on estate planning, wills, estate and trust administration, and guardianships.

Danielle Winther

PARALEGAL

A woman with wavy dark hair wearing a mustard-yellow blouse stands in front of a soft yellow and pink gradient background, smiling gently at the camera, embodying the compassion of an elder law attorney focused on life care planning.

Kelly Thomas

LEGAL ASSISTANT

A woman with long dark hair is smiling, wearing a light-colored jacket over a patterned top, standing in front of a pastel yellow, purple, and pink gradient background—perfect for an elder law attorney specializing in Medicaid planning.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Work With Us

Fill out the form with your details, and our intake coordinator will contact you to arrange a meeting.

This field is for validation purposes and should be left unchanged.
Name(Required)
Email Address
Phone Number
Preferred Method of Contact
Best Time to Reach You
I'm interested in...
How did you hear about us?

Sign Up

Your information is confidential and will be used to respond to your inquiry. By submitting this form, you agree to receive communications including calls, texts, emails, and/or prerecorded messages from Everbright Legacy Law. For more information, see our Privacy Policy.