Vacationing Without the Kids??

Jayne Sykora / March 30, 2015
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Designation of Standby or Temporary Custodian for your Child So, you and your spouse are finally ready to take that vacation to Mexico – without the kids. The flights are booked, your bags are nearly packed and thoughts of warm weather and a beach are in the forefront of your mind . . . as […]

Avoiding Power of Attorney Abuse

Maggie Green / July 26, 2013
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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 […]

Termination of a Guardianship: Restoration to Capacity

Mary Szondy / March 12, 2013
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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 […]

How a Guardianship for a Minor Works

Jayne Sykora / December 7, 2012
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We have had many posts related to choosing guardians for your children should something happen to both parents before their children reach the age of majority: Appointing a Guardian for Minor Children, How to Choose A Guardian, among other miscellaneous references to the importance of having an estate plan when you have minor children. As […]

End of Life Decisions with a Guardianship

Jamie Held / October 29, 2012
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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 …?”

Guardianship Basics

Mary Szondy / October 17, 2012
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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, […]

Guardian, Conservator & Custodian – What’s the Difference?

Jennifer Santini / June 29, 2011
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Clients can become confused and overwhelmed by the various roles and individuals named in their estate plan. In a previous post, I outlined the traditional key players in a typical estate plan. However, guardians, conservators and custodians are three roles that can come into play when an individual has not properly planned and therefore, clients […]

Hit Me Baby One More Time? You need to check with my dad first.

Jamie Held / June 21, 2011
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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 […]

Appointing a Guardian for Minor Children

Anna Lima / June 5, 2011
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Having a baby or adopting a child is a major life event that should cause people to start thinking about estate planning. Most specifically, creating a will to nominate a guardian if something were to happen to both parents. For many, choosing a guardian for minor children is a very difficult decision; so difficult that it prevents many […]

Naming a Guardian

Jamie Held / January 17, 2011
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Naming a Guardian for your minor child(ren) is a difficult task. There is no perfect choice because there is no second you.  However, it must be done. The alternate to you naming a Guardian is a judge, who does not know you, your children, or the guardian options, making the choice for you. WHO TO […]

Probate: The Very Basics

Jamie Held / December 1, 2010
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Probate is very often misunderstood. This post seeks to provide a basic overview of Probate in Minnesota. What is Probate? Probate is the legal process whereby the decedent’s Will is presented to the court for validation and the Personal Representative is appointed and granted permission to act. If decedent dies intestate, or without a Will, […]