Minneapolis, MN Estate Planning Lawyers
Minneapolis Guardianship and Conservatorship Attorney
Welcome to Stone Arch Law Office, PLLC - Your Conservatorship and Guardianship Attorneys in Minneapolis, Minnesota
Helping You Navigate the Guardianship or Conservatorship Process
If you’ve recently taken on the role of caregiver or legal guardian for an incapacitated person or their estate, it’s crucial to understand the two primary options available: guardianship or conservatorship. Distinguishing between these legal arrangements is essential to determine the best fit for your family’s needs. Read more in our article, What Is the Difference Between a Guardianship and Conservatorship?
A Minneapolis guardianship and conservatorship attorney can provide valuable insights into your situation, guiding you through the intricacies of the probate court and helping you make informed decisions. By consulting with an experienced attorney, you can ensure that the legal guardian responsibilities are appropriately managed and that the well-being of the incapacitated person is prioritized.
What is a Conservatorship?
A conservatorship is a court process that gives legal rights and protections to a person who makes financial decisions for another person, usually a minor child or an incapacitated adult.
A conservatorship can grant someone the right to handle bank accounts, investment accounts, insurance matters, and to generally manage the financial affairs on the incapacitated person. The court will ultimately decide, based on an analysis of the situation, which rights will be granted.
Most often, a conservator is used when an adult becomes incapacitated, mentally or physically, and is unable to care for themselves or make their own financial decisions. If a person can no longer take care of their own financial affairs, a conservator may an option to keep them safe and well cared for. A conservatorship can be granted on a temporary basis through a series of proceedings and can be ended if the person regains their capacity to manage their own affairs. Learn more about setting up a conservatorship in the state of Minnesota.
To figure out if naming a conservator is right for your situation, obtain the assistance of a guardianship and conservatorship attorney today.
What is a Guardianship?
In contrast to conservatorship, guardianship allows for a person to be appointed to make decisions about the personal care of an individual. This may involve care for a minor child, or for an adult who is incapacitated and unable to make their own decisions about their health care, living arrangements, or personal care. If you are not the parent of a child but are in a situation where you need to gain the legal right to take care of a minor, you need to seek guardianship.
A guardianship can give the caregiving adult the ability and right to manage the person’s personal affairs, financial matters, medical care, or all of the above, depending upon the situation.
Guardianships are not to be taken lightly … get the help of a guardianship and conservatorship attorney to assist you in navigating this legal process.
Are There Different Types of Guardianships and Conservatorships?
A limited guardianship or conservatorship is typically for someone who is developmentally disabled and needs assistance with specific aspects of their life. This option allows the guardian or conservator to make responsible decisions regarding certain areas, such as managing healthcare directives or handling financial matters like annual accountings. However, the rights granted are limited to ensure the individual can live as independently as possible while protecting the protected person’s assets from potential risks or mismanagement.
A general conservatorship, on the other hand, is for individuals who are unable to care for themselves or live independently. This may include minors, elderly individuals, or those with injuries or conditions that prevent them from managing their own affairs. In these cases, the conservator has broader responsibilities for managing the person’s care and property, as directed by the probate court.
Navigating guardianship and conservatorship proceedings can be complex, but ensuring proper care and the protection of a protected person’s assets is crucial. Making responsible decisions in these situations helps secure their well-being and financial stability for the future.
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Do I Really Need a Guardianship and Conservatorship Lawyer?
To determine whether conservatorship or guardianship is the right solution for your situation, it’s essential to carefully evaluate the details of your circumstances. Navigating the guardianship and conservatorship process can be complex, but working with a skilled law firm can make it much easier and less time-consuming.
An experienced attorney will help you understand the requirements for establishing a legal guardianship, including the need to provide clear and convincing evidence that this step is in the best interest of the individual involved. They will work with you to ensure your loved ones are protected, their needs are met, and the process is handled properly.
Don’t wait to secure the care and protection your family needs. Get started today by booking a call with us.
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