Families often face difficult scenarios regarding how to care for family members. Dementia, mental illness and other factors can take their toll on loved ones. Relatives may be concerned about caring for a child if that child’s parents are no longer able.
The legal system has processes in place that allow family members and others to make important decisions for those who are incapable of doing so. Those processes include being appointed by a court as a legal guardian or conservator. Berglund Law Offices assists individuals with the legal requirements and court procedures for being appointed legal guardian or conservator. With our help, you can make sure your loved one gets the protection they need.
Guardianships and conservatorships are important legal designations that allow one person to make decisions on behalf of another who lacks the legal capacity to do so. People who suffer from significant mental health issues, have developmental differences, or are being affected by age are often found to lack legal capacity to make decisions in their own best interest. As a result, they are said to be “incapacitated.” The person lacking capacity is called “the ward” and a guardianship or conservatorship is granted by a court when that person’s decision-making is deemed a threat to their own welfare.
A guardianship refers to the legal power to make personal decisions for the ward. Personal decisions may include major medical treatments, housing issues or education decisions. A conservatorship grants someone the power to make important financial decisions on behalf of the ward. This includes making contracts, investments, settling debts and other issues for the incapacitated person.
We can explain more about the powers granted by the courts to guardians and conservators in Minnesota.
Our firm provides counsel on elder law in Minnesota. We can also help you design a plan that may eliminate the need for a court-supervised guardianship or conservatorship. Speak with us to learn more.