Retirement is filled with many decisions. One of those is how to make healthcare decisions for a person when they become no longer able to do so themselves. There are many ways to do this. Two of the major options are healthcare directives and guardianships. What are these? How do they work?…
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The Uniform Guardianship and Protective Proceedings Act, a Minnesota law, guarantees that a guardianship proceeding will take place in probate court. During this proceeding, a guardian will be appointed and approved by the court. This person will oversee the responsibility and obligation to care for a child or protected person, and their…
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Making the decision to place a relative or close friend in a nursing is not easy, but when it comes time to transfer care of someone over to another person or organization, you want to be sure that the person will be well cared for. While the vast majority of nursing homes and employees…
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One of the major changes over the past few years regarding Minnesota guardianships and Minnesota conservatorships has been an increase in frequency of background checks required by the Minnesota Department of Human Services (DHS). DHS now requires these “Background Studies” to be completed by conservators and guardians every two years instead of every five years. Background Study Requirements for Conservators and…
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If you are moving to Minnesota and are acting as a fiduciary as part of a conservatorship or guardianship, it is possible to transfer your status as a conservator or guardian from your current state to one in Minnesota. The process isn’t overly complicated, but it involves navigating the legal…
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As a conservator or guardian, you hold a special responsibility to the person whose assets and major decisions that you control. This makes stepping down from being a conservator or guardian an incredibly difficult decision. Some people feel stuck in the position out of obligation for their duties, but this…
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Choosing to place a loved one in a nursing home is never an easy decision and trying to find the right nursing home can be even more of a chore. Between the price, location and the amenities offered, choosing the right facility takes a lot of consideration and time. Once…
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Can a guardian or conservator be replaced after they are appointed? Can they step down, relinquish their duties to a protected person or estate, or find another person to replace them? The answer to all of these questions is “yes”. If you are a protected person, you can, under certain…
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When a person passes away, they often leave behind a collection of assets or a estate that is passed on to a set of beneficiaries. At times, they often leave behind debts that also need to resolved. The main questions that people have is who is responsible for paying them?…
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Setting up a conservatorship or guardianship comes with a few costs, most of which people don’t really expect when they begin thinking about appointing someone to the position. If you are thinking about appointing a guardian or conservator for a protected person, these are a few of the costs you…
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