A conservator is a party legally appointed through Minnesota probate court who sees to the estate and financial affairs of a protected person in Minnesota. Conservators do not make personal or medical decisions for the protected person. Personal and medical decisions fall under the scope of Minnesota guardianship.
Conservatorship in Minnesota
As a petitioner for Minnesota conservatorship, you are asking to manage the finances and estate of another adult, referred to as a protected person. A conservator must seek input from the protected person in decision making whenever possible. Conservatorship for disabled adults in Minnesota requires you to take on certain responsibilities for a loved one, including (but not limited to) the following:
- Pay bills
- Invest and/or manage and maintain assets
- Keep clear records of all expenditures
- Manage finances with regard to types of financial governmental benefits
- Maximize their independence in the least restrictive manner possible
- Provide an annual accounting to the court
Conservators in Minnesota must report to the court at least annually about what money came in to the protected person’s estate, how it was spent, and why. Having a conservatorship attorney will ensure you understand every legal requirement and restriction around obtaining and maintaining legal conservatorship in Minnesota and that you will be able to effectively navigate Minnesota probate court in your petition for conservatorship.
For larger or complex estates, it is strongly encouraged that an individual wishing to serve as a conservator retain an attorney to assist with the proper operation of their fiduciary responsibility and accounting to the court. Often, bond companies either require or will offer a reduced rate to individuals that have retained an attorney.
Legal Conservatorship for Adults with Disabilities
An adult can become a protected person eligible for conservatorship in Minnesota if they have a disability preventing them from being able to manage their own assets and expenditures. This can include individuals who have experienced traumatic brain injury, as well as conservatorship for seniors who are no longer capable of independently making financial decisions or paying bills. Families and individuals seeking conservatorship for their loved ones with disabilities in Minnesota should consult a Minnesota conservatorship attorney.
Hiring a Conservatorship Attorney
A conservatorship attorney represents families and individuals who have loved ones with disabilities and want to ensure the financial needs and obligations of those loved ones are handled in the best possible way to facilitate an empowered life. As your conservatorship attorney, Arctos Law will help you and your family prepare for Minnesota probate court and understand every aspect of conservatorship in Minnesota.