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At some point in our lives, we may need to make difficult decisions for our loved ones who are no longer able to care for themselves due to age, illness, or disability. In these times, it’s important to have a trustworthy attorney who can guide us through the legal process of guardianship and conservatorship.
At Safe Harbor Estate Law, we understand the emotional and legal complexities of these situations. Our experienced attorneys have helped many families in Minnesota navigate the legal system to ensure that their loved ones receive the best possible care and protection.
If you’re facing the challenging decisions of guardianship and conservatorship, don’t go through it alone. Let our Minnesota guardianship attorneys guide you through the process and provide peace of mind. Contact us today to discuss how we can help.
When a loved one cannot care for themselves, it may be necessary to establish legal arrangements to ensure their well-being. In Minnesota, two options for such arrangements are guardianship and conservatorship.
While these terms may seem similar, they have distinct differences that you should understand before deciding.
Guardianship is a legal arrangement where the court appoints a legal guardian to make healthcare decisions for a protected person (called a ward), and to decide where the ward should live. Protected persons subject to guardianship can be minors or incapacitated adults who can’t make responsible decisions about their life..
In these cases, the guardian has the authority to make these important decisions on their behalf, ensuring their well-being and safety.
In Minnesota, the general legal requirements for establishing guardianship include:
The court may also appoint an attorney to represent the protected person. The guardian will have ongoing responsibilities under court supervision to make sure the ward is being taken care of. Having an experienced elder law attorney can help make sure proposed guardians understand their full obligations and the regulations under MN law.
Conservatorship is a legal arrangement where a person or entity is appointed by the court to manage the financial affairs of someone unable to do so on their own. This includes individuals who can’t make sound financial or estate decisions, often due to physical or mental incapacity or illness.
A conservator is given the authority to make important financial decisions on behalf of the person subject to conservatorship, such as paying bills, investing assets, selling real estate, entering into contracts, and other financial matters. The ultimate goal of a conservatorship is to ensure that the protected person’s financial affairs are properly managed and that their needs are met.
In Minnesota, the general legal requirements for establishing conservatorship include:
The conservator will have additional duties after being appointed including transferring assets to a conservator account, filing inventory/annual accountings, and keeping accurate records. Hiring an experienced attorney for assistance is a good idea if you have concerns about completing your roles and responsibilities.
If you are considering establishing guardianship or conservatorship for an aging loved one in Minnesota, it’s important to have the guidance and support of an experienced attorney.
Here are a few reasons why:
Working with an experienced Minnesota guardianship and conservatorship attorney can provide peace of mind and ensure your loved one’s legal arrangements are established in their best interest.
If you have questions or concerns about the guardianship or conservatorship process, don’t hesitate to contact a compassionate and knowledgeable team member for guidance.
If you or your loved one are facing difficult decisions about guardianship or conservatorship, don’t go through it alone.
At Safe Harbor Estate Law, we understand the emotional stress and legal complexities involved in these situations. Our experienced Minnesota guardianship and conservatorship attorneys are here to help you navigate the process and provide compassionate guidance every step of the way.
Contact us today to schedule a consultation, and let us help you find the best solution for your unique situation. Our top priority is your loved one’s well-being, and we’re committed to helping you put their future in safe and secure hands.
The decision to establish guardianship, conservatorship, or both should be made in consultation with a knowledgeable and compassionate attorney who can help you navigate the legal process and ensure your loved one’s needs are met. However, some general factors that may indicate the need for guardianship or conservatorship include mental or physical incapacity, disability, or illness..
Yes, alternative options such as a power of attorney, healthcare directives, and trusts may be appropriate depending on the individual’s specific situation. Discussing these options with a knowledgeable attorney is important to determine what is best for your loved one.
The process can vary depending on the case’s specifics, but it can take several months to establish guardianship or conservatorship. Working with an experienced attorney who can guide you through the process and ensure that everything is handled properly and efficiently is important.
Yes, it is possible to petition the court to change guardians or conservators if concerns about their performance or the individual’s needs have changed. However, working with an experienced attorney is important to ensure everything is handled properly and following the law.
The cost can vary depending on the case’s specifics and the attorney you choose to work with. It’s important to discuss fees and costs with your attorney upfront and ensure that you understand what is involved in the process.
Every person at Safe Harbor Estate and Elder Law is helpful and professional, while being friendly and putting you at ease. They know that this is not an every day event for people, and that clients may be uncomfortable. Everyone there does everything they can to make the process easy and smooth sailing. Margaret and her team genuinely want to protect
Safe Harbor Estate Law first worked with me in 2017 to complete my Living Will and Estate Plan. They were very thorough and everything went smoothly. What really impressed me about them was how they worked to iron out the issues when I was refinancing with Wells Fargo. Safe Harbor’s lawyers interceded on my behalf to clarify the issues with the title
Absolutely experts at what they do. Really solid organization their process is well thought out and well practiced. I had very similar work done several years ago by another firm and Safe Harbor Estate Law fixed their work and provided a much better result in both less time and money. Everybody at this firm completes their role very efficiently and
We were very pleased with the service from Safe Harbor. After years of procrastinating, we finally decided we needed to move forward and get our estate planning completed, which involved setting up a living trust. We were surprised at how easy it turned out to be. Safe Harbor tailored our will and trust documents to some unique need we had and all is now
I had put off getting a will done for 6 years, even after being diagnosed with Multiple Myeloma 4 years ago. Then I watched Safe Harbor’s webinar just to learn some will/estate planning information. That webinar answered so many questions for me and made me realize the big mistake I was making by not finalizing a will. So I scheduled a consultation immediately
Safe Harbor Estate Law was recommended by a lawyer friend. From the very beginning I was impressed with the respect and compassion with which we were treated. My goal was to come away with a plan that would protect our assets. I now have that plan which is very thorough, providing me with peace of mind. Working with the team at Safe Harbor Estate Law was a positive experience. All of the attorney I worked with were very professional. Michael Teeter, especially, is knowledgeable, explaining all the complexities. He was also patient and responsive in answering my follow-up questions, often more than once.
The process of creating our Trust
was incredibly smooth. From the initial zoom informational meeting to the meeting with the well versed attorney and the final signing, we felt confident and informed.
I hired Safe Harbor Estate Law to do my estate plan including a living trust, power of attorney, and health care directive. They made the process easy by explaining everything clearly, being organized, and answering my questions.
They listened to our wants and needs and drafted the documents we needed to feel secure in having the best estate plan possible for us and our family.
See what other Safe Harbor Estate Law clients are saying about their experience.
We care, and it shows. You’re not just a number to us. We listen, and we ask questions. We strive to improve our client’s lives every day.
Our firm goes above and beyond to make you feel comfortable throughout the process so you feel informed and confident every step of the way.
We help you leave a legacy that is smoother, less expensive, and less hassle for your loved ones with a plan that is uniquely tailored to your goals.
Our team is motivated to help you experience smooth sailing from start to finish so everything is done thoroughly and properly.
I attended a free seminar to learn about getting a Will. I learned so much more than I expected! I then hired Safe Harbor Estate Law to create a Will, POA and Trust. The process was very simple!
I highly recommend everyone to contact Safe Harbor to help you too!
