Legal Guardianship

Minnesota Legal Guardian Lawyers

Caring for a minor or an adult who has physical or mental incapacities is a tough, demanding job. Court-ordered care for a minor or an incapacitated adult is typically done by creating a guardianship or a conservatorship. You may also apply to the court to be a guardian or conservator. In either case, the process involved is governed by strict statutes and rigid behavior guidelines.

At Heimerl & Lammers, our trial and mediation experience has shown us that while the concept of guardianship and/or conservatorship is quite basic, the details surrounding the appointment of the legal guardian or conservator can sometimes prove to be trickier than normal. As such, our divorce lawyers have intimate knowledge of the Minnesota law governing guardianships and conservatorships, knowledge designed to help you achieve fair results in a reasonable time frame.

The Difference Between Guardianship and Conservatorship

Under Minnesota Statute 524, a guardianship is a legal arrangement under which one person is appointed to serve as a guardian by the court. Guardians have the legal right and duty to care for another person, known as a ward. Oftentimes, a person becomes a ward because of his inability to legally act on his or her own behalf due to minority or mental or physical incapacity. A conservatorship is similar to a guardianship except that the conservator who has been appointed by the court has powers and duties over the incapacitated person’s estate and finances.

In addition, guardianships and conservatorships are not always court-ordered. Minnesota law states that any person may petition for the appointment of a guardian or conservator by filing a request with the appropriate probate court. The family law division at Heimerl & Lammers is familiar with the Minnesota guardian/conservator appointment and application process, and will be at the ready to advocate for your interests every step of the way.

Contact A Minnesota Divorce Attorney

If you or someone you love feels the need to petition the court to be a guardian or conservator, we can help. If you know someone who could benefit from the presence of a legal court-appointed guardian, we would be happy to talk with you. Contact our Minnesota Legal Guardianship Lawyer and let us know how we might serve you.