In a previous post I spelled out the basics of the changes made to Minnesota’s Statutory Short Form Power of Attorney that will take effect January 1, 2014. As I mentioned, many of these changes were made to address the potential for abuse. Indeed, a Power of Attorney document gives broad and sweeping powers to […]
In my previous post, I discussed the basics of a guardianship. In this post, I discuss terminating a guardianship when the Ward has regained mental capacity. For example, perhaps the Ward has a brain injury from an accident or a stroke, but after a couple years of therapy she has recovered enough so that a […]
Earlier this month, a Hennepin County District Court Judge addressed the questions, “Who has the power to decide if a person under guardianship should be allowed to die? Should it be the guardian …? Should it be the Court …?”
What is a Guardianship? A guardianship is a determination by the Court that a person (proposed ward) is incapacitated. The judge must make this decision based upon clear and convincing evidence. “Incapacitated person” means an individual who is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, […]
Pop star Britney Spears found herself in the news again last week, when the story broke that the 29-year old singer’s father will remain her conservator for the remainder of the year. Three years ago, Spears became subject to a court-ordered conservatorship and guardianship when she had several public meltdowns and was ultimately placed on […]
Many are often confused as to what is a Health Care Directive, how it works, when and where it can be used and what the benefits are to having a Health Care Directive in place. Some of this confusion can be contributed to the fact that various titles have been used over the years, as […]