Guardianships and conservatorships are important in the management of affairs and care of a “protected person†or “ward.†A protected person or ward can be someone who is unable to make certain decisions either because of physical or mental disability.
A conservator is a person appointed to manage the finances of the protected person. A guardian is a person appointed to make personal decisions for a ward. There is a difference between a “protected†person and a “ward,†but a person can be both.
For a person to have an appointed guardian or conservator, a petition must be filed. A Minneapolis probate attorney is able to help you with this petition so you can ensure it is completed correctly and filed in a timely manner. There are other forms that may be required throughout the process.
The Guardianship/Conservatorship Process
The first thing to do when petitioning for the appointment of a guardianship or conservatorship is to meet with an attorney. This is where information is provided that details why the guardianship or conservatorship is necessary. The process then follows this path:
- Your attorney prepares the court papers that initiate guardianship.
- You will meet with your attorney to sign the paperwork.
- Your attorney files the paperwork with the court.
- The court processes the paperwork and schedules a hearing date.
- Your attorney provides the Notice of Hearing to interested parties.
- Your attorney gathers additional documents and files them.
- A court visitor will meet with the proposed protected person or ward.
- The proposed protected person or ward meets with their own attorney.
- The attorney prepares you and any witnesses for the hearing.
- The guardianship/conservatorship hearing is held in open court and the proposed ward or protected person must be present unless a Physician’s Statement or the court states otherwise.
- The judge will make a decision on whether the guardianship/conservatorship is necessary and who should be the appointed guardian or conservator.
- The paperwork is issued by the court.
- The appointed guardian or conservator meets with the attorney regarding their responsibilities.
Guidance With Guardianship/Conservatorship Responsibilities
Within 60 days of being appointed, a conservator needs to file an inventory with the court. This inventory consists of the assets that have come under the control of the conservator. The protected person and other interested persons should receive a copy of the inventory within 14 days of filing the inventory with the court.
Guardians need to file two documents annually within 30 days of guardianship appointment. Those documents are the Personal Well-Being Report and the Annual Notice of Right to Petition, which tells the ward that they have the right to petition the court to be restored to full capacity. The ward can also change their guardian or seek other relief.
A conservator must also file two documents: The Annual Notice of Right to Petition and an Annual Account.
As for termination, there are two ways in which a guardianship is terminated. They are death or the ward’s restoration to capacity. There are three ways in which a conservatorship is terminated: money runs out, the death of the protected person, or the protected person is restored to capacity.
Legal Advice You Need When You Need It
There are aspects of the guardianship and conservatorship position that can present challenges. When met with those challenges, it pays to have an experienced and reputable Minneapolis probate attorney guiding you. At the Krogh Law Firm, you receive that one-on-one approach that you need to get the answers that will help you through this process.
Contact A Minneapolis Probate Attorney
If you need to petition the court for the appointment of a conservator or guardian for a prospective ward or protected person, the Krogh Law Firm, P.A. can help you. This is not a process that you have to go through alone. To learn more, call today at 651-631-0500 and schedule a free consultation.