As parents age, they may struggle to manage their daily affairs, finances, or healthcare decisions. When this happens, family members often need to step in to ensure their well-being. One way to do this is through guardianship and conservatorship. If you’re considering guardianship and conservatorship in Woodbury, understanding the legal process is essential to protect your loved one while ensuring their rights are upheld.
What Is Guardianship and Conservatorship?
Guardianship is a legal arrangement where a court appoints someone (the “guardian”) to make decisions on behalf of another person (the “ward”) who can no longer manage their affairs. This typically includes healthcare, living arrangements, and personal care.
Conservatorship, on the other hand, is when a court appoints someone to manage a person’s financial affairs. In Minnesota, guardianship and conservatorship are often used together when an individual needs assistance with both personal care and financial decisions. Read more to learn What Is the Difference Between a Guardianship and Conservatorship?
When Is Guardianship Necessary?
If you’re unsure whether your parent needs guardianship, look for these signs:
- They are unable to manage daily tasks like cooking, cleaning, or personal hygiene.
- They struggle with finances, such as paying bills or avoiding financial scams.
- They have been diagnosed with Alzheimer’s, dementia, or other cognitive impairments.
- They are refusing necessary medical treatment or personal care.
If your parent is at risk due to their inability to care for themselves, seeking guardianship and conservatorship in Woodbury may be the best way to protect them.
How to Get Guardianship of a Parent in Woodbury
1. File a Guardianship Petition
To start the process, you must file a petition with the court in the county where your parent resides. The petition outlines:
- Why guardianship is necessary.
- Your relationship to your parent.
- The areas where they need assistance (personal care, finances, or both).
2. Notify Interested Parties
Once the petition is filed, the court requires you to notify close family members and anyone with a legal interest in your parent’s well-being. This ensures transparency and allows others to express concerns or support for the guardianship request.
3. Attend a Court Hearing
The court will schedule a hearing to review the case. During the hearing:
- Medical evidence may be presented to show your parent’s level of incapacity.
- Your parent has the right to be present and can object to the guardianship.
- The judge will determine if guardianship is necessary and whether you are a suitable guardian.
4. Receive a Court Decision
If the court determines that guardianship is in your parent’s best interest, you will be appointed as their guardian or conservator. The judge may grant limited guardianship, allowing your parent to retain some decision-making powers, or full guardianship, where you have complete authority over their care.
What If My Parent Disagrees with Guardianship?
If your parent objects, the court will carefully consider their perspective before making a decision. The judge will weigh medical evidence, family testimony, and financial records to determine whether they can safely manage their affairs.
Courts prefer less restrictive alternatives if possible. If a power of attorney or healthcare directive is in place, guardianship may not be necessary. However, if these legal tools are missing or insufficient, guardianship may be the best option.
Who Can Be Appointed as a Guardian?
The court typically prefers close family members, such as:
- Adult children
- Spouses
- Siblings
However, if no suitable family member is available, the court may appoint a professional guardian or a public conservator to oversee your parent’s care.
Can Guardianship and Conservatorship Be Shared?
Yes. In some cases, multiple individuals can serve as co-guardians or co-conservators. This is common when:
- Siblings want to share responsibility for a parent’s care.
- One person manages personal care decisions, while another handles financial matters.
If the court determines that co-guardianship is in the best interest of the parent, it will outline how responsibilities are shared.
Get Help with Guardianship and Conservatorship in Woodbury
Navigating the legal process of guardianship and conservatorship in Woodbury can be overwhelming, but you don’t have to do it alone. If you’re concerned about your parent’s well-being, working with an experienced attorney can help you:
- Understand your options for guardianship or less restrictive alternatives.
- Prepare and file the necessary legal documents.
- Present a strong case in court to ensure your parent receives the care they need.
Taking action now can protect your parent’s health, finances, and overall well-being. Book a consultation today to learn more about how to secure guardianship and ensure your loved one’s future is in safe hands.
Book a call with the Stone Arch Law Office team today to learn if guardianship of your parent is the right choice.
