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.