Compassionate Legal Guidance Free Consultations with Experienced Attorney •	Establishment of Guardianships and Emergency Guardianships •	Establishment of Conservatorships •	Representation of Wards and Protected Persons  •	Representation of Guardians and Conservators •	Prepare and File Annual Conservator Accountings •	Restoration to Capacity Petitions •	Termination of Guardianships and Conservatorships •	Guardian and Conservator Removal •	Contested Guardianship and Conservatorship Proceedings •	Successor Guardianship and Conservatorship Proceedings •	Representation of Conservators During Audits
Guardianship & Conservatorship Attorneys 

Twin Cities: (651) 705-8800

Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
When someone is unable to manage their affairs, the court can name a guardian and/or conservator to help that person.  However, that process can be complicated.  Our firm can assist you with navigating the court process and ensuring that your case goes smoothly.  In addition, our firm can assist you with contesting the appointment of a guardian and/or conservator.  Our firm handles guardianship and conservatorship cases throughout the metro area.  Our firm has represented petitioners, wards, guardians, conservators, and interested parties in all types of proceedings.  We offer free in person or telephone consultations.  Call our firm today at (651) 705-8800 to discuss your case or fill out the form to request a free consultation or ask us a question. 
CLIENT REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!”
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding guardianships and conservatorships or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.
A What decisions does a conservator make? A conservator was appointed for me.  What decisions can they make on my behalf?   Your conservator can make your financial decisions. Your conservator can make decisions regarding the payment of your support, maintenance, and education; payment of your lawful debts; process and manage your estate; collect all your debts; invest your funds; approve or withhold approval of any contract which you wish to make; and apply for government assistance on your behalf. A How does a guardian get removed? I don’t need a guardian.  How do I get them removed?   Wards can be restored to capacity and guardians can be removed and replaced. Wards and protected persons have the right to file a petition for restoration to capacity.  The court would usually have a hearing to determine the capacity of the ward/protected person and restore the ward/protected person to capacity, essentially ending the guardianship/conservatorship.  Guardians and conservators can also be removed, but would typically have to be replaced by another  guardian or conservator.

Frequently Asked Questions

A

What is the difference between a guardianship and a conservatorship?

My mother is unable to pay her bills.  Should I petition for guardianship or conservatorship, or both?

A conservator is appointed to make financial decisions; a guardian is appointed to make

personal decisions.

A guardian is appointed by the court to make the personal decisions of the protected person.  The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc. A conservator is appointed to make financial decisions for the protected person.  The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.

What is the process of obtaining a guardianship or conservatorship?

My daughter is incapacitated.  How do I obtain a guardianship or conservatorship?

They are both established through legal proceedings.

A conservatorship or guardianship is established through a legal proceeding.  The person who files the petition with the court requesting that a conservatorship or guardianship be established is the petitioner.  In this proceeding, the court orders the appointment of a person to act as a decision maker for another person.  The court cases this decision on clear and convincing evidence that the protected person or ward has been found to be unable to make necessary decisions on his or her own behalf. The court calls this making a finding of incapacity.  Guardianship or conservatorship should only be sought if the individual’s judgment or decision making is a major threat to the individual’s welfare.  

Can I hire my own attorney?

I currently have a guardian and conservator proceeding pending.  I was appointed an attorney but I would like to know if I can hire my own attorney?

You can hire your own attorney to represent your interests.

You can typically hire your own attorney to represent you in your guardianship/conservatorship case.  However, you will have to pay the attorney, even if you were appointed an attorney paid by the county.  Also, if you have a guardian and/or conservator currently, they may have to approve you hiring a new attorney.  
A What decisions does a guardian make? A guardian was appointed for me.  What decisions can they make on my behalf?   Your guardian can make your personal decisions. Your guardian can make decisions regarding where you live, your care, comfort and maintenance, including food, clothing, shelter, health care, social and recreational requirements; taking care of your clothing, furniture, vehicles, and other personal  effects; give consent for medical or other professional care; approve or withhold approval of any contract, except for necessities; and apply for government assistance on your behalf (if there is not a conservator). A How long does it take to get a guardian appointed? My adult son is on a psychiatric hold at the hospital.  Can I get an expedited court hearing for obtaining guardianship?   Emergency guardianship proceedings allow expedited guardianship. A regular guardianship proceeding usually takes four to eight weeks, depending on the county.  An emergency guardianship  can be obtained upon filing (ex parte) or within approximately one week (with notice).  A petition for regular guardianship  usually follows the filing of an emergency guardianship petition.
             Website: www.molinarodavis.com  Email: atty@molinarodavis.com
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803
more more A A
Compassionate Legal Guidance Free Consultations with Experienced Attorney •	Establishment of Guardianships and Emergency Guardianships •	Establishment of Conservatorships •	Representation of Wards and Protected Persons  •	Representation of Guardians and Conservators •	Prepare and File Annual Conservator Accountings •	Restoration to Capacity Petitions •	Termination of Guardianships and Conservatorships •	Guardian and Conservator Removal •	Contested Guardianship and Conservatorship Proceedings •	Successor Guardianship and Conservatorship Proceedings •	Representation of Conservators During Audits

Molinaro Davis Law PLLC
2809 Cliff Road East, Suite 100 Burnsville, Minnesota 55337
When someone is unable to manage their affairs, the court can name a guardian and/or conservator to help that person.  However, that process can be complicated.  Our firm can assist you with navigating the court process and ensuring that your case goes smoothly.  In addition, our firm can assist you with contesting the appointment of a guardian and/or conservator.  Our firm handles guardianship and conservatorship cases throughout the metro area.  Our firm has represented petitioners, wards, guardians, conservators, and interested parties in all types of proceedings.  We offer free in person or telephone consultations.  Call our firm today at (651) 705-8800 to discuss your case or fill out the form to request a free consultation or ask us a question. 
CLIENT REVIEWS “Ms. Molinaro was a pleasure to work with.  She kept me informed promptly of any new developments in our case.  She is wise and respectful and always steered me in the right direction.  I feel very fortunate to have had the pleasure to having Ms. Molinaro as an attorney and would recommend her as a competent, resourceful ethical legal advisor.” “My Husband and I truly Thank Teresa Molinaro for ever thing she did for us, when she took our case she seen we were confused and didn’t know what was going on and didn’t know what to do, Teresa told us not to worry that she would handle everything, and she did just that!  she kept us informed.  She took a heavy weight off of us, Words could not be enough for what she did for us.  We Thank her!  Thank her so much.  If you are looking for a Lawyer to get the job done....She’s the best person for the job!!  You will not be disappointed.” “Teresa Molinaro is as thoughtful and thorough as she is insightful and professional.  She took on my complicated legal case, did her research and sought outside advice when appropriate.  Her follow through was excellent, and although I don’t yet know the outcome of my case, I do know that I have the very best attorney working for me!”
The foregoing is meant to be general guidance and does not constitute legal advice.  Please contact our firm at (651) 705-8800 to discuss your specific questions regarding guardianships and conservatorships or fill out the form above. Serving the entire metro area, including, but not limited to, Dakota County, Ramsey County, Hennepin County, Carver County, Scott County, Washington County, Rice County, Burnsville, Eagan, Lakeville, Apple Valley, Rosemount, Mendota Heights, South St. Paul, West St. Paul, Inver Grove Heights, Savage, Bloomington,  Farmington, Prior Lake, Mendota, Lilydale, St. Paul, Minneapolis, Richfield, and Shakopee.
A What decisions does a conservator make? A conservator was appointed for me.  What decisions can they make on my behalf?   Your conservator can make your financial decisions. Your conservator can make decisions regarding the payment of your support, maintenance, and education; payment of your lawful debts; process and manage your estate; collect all your debts; invest your funds; approve or withhold approval of any contract which you wish to make; and apply for government assistance on your behalf. A How does a guardian get removed? I don’t need a guardian.  How do I get them removed?   Wards can be restored to capacity and guardians can be removed and replaced. Wards and protected persons have the right to file a petition for restoration to capacity.  The court would usually have a hearing to determine the capacity of the ward/protected person and restore the ward/protected person to capacity, essentially ending the guardianship/conservatorship.  Guardians and conservators can also be removed, but would typically have to be replaced by another  guardian or conservator.

Frequently Asked Questions

A

What is the difference between a guardianship and a conservatorship?

My mother is unable to pay her bills.  Should I petition for guardianship or conservatorship, or both?

A conservator is appointed to make financial decisions; a guardian is appointed to make

personal decisions.

A guardian is appointed by the court to make the personal decisions of the protected person.  The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc. A conservator is appointed to make financial decisions for the protected person.  The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
A

What is the process of obtaining a guardianship or conservatorship?

My daughter is incapacitated.  How do I obtain a guardianship or conservatorship?

They are both established through legal proceedings.

A conservatorship or guardianship is established through a legal proceeding.  The person who files the petition with the court requesting that a conservatorship or guardianship be established is the petitioner.  In this proceeding, the court orders the appointment of a person to act as a decision maker for another person.  The court cases this decision on clear and convincing evidence that the protected person or ward has been found to be unable to make necessary decisions on his or her own behalf. The court calls this making a finding of incapacity.  Guardianship or conservatorship should only be sought if the individual’s judgment or decision making is a major threat to the individual’s welfare.
A

Can I hire my own attorney?

I currently have a guardian and conservator proceeding pending.  I was appointed an attorney but I would like to know if I can hire my own attorney?

You can hire your own attorney to represent your interests.

You can typically hire your own attorney to represent you in your guardianship/conservatorship case.  However, you will have to pay the attorney, even if you were appointed an attorney paid by the county.  Also, if you have a guardian and/or conservator currently, they may have to approve you hiring a new attorney.
A What decisions does a guardian make? A guardian was appointed for me.  What decisions can they make on my behalf?   Your guardian can make your personal decisions. Your guardian can make decisions regarding where you live, your care, comfort and maintenance, including food, clothing, shelter, health care, social and recreational requirements; taking care of your clothing, furniture, vehicles, and other personal  effects; give consent for medical or other professional care; approve or withhold approval of any contract, except for necessities; and apply for government assistance on your behalf (if there is not a conservator). A How long does it take to get a guardian appointed? My adult son is on a psychiatric hold at the hospital.  Can I get an expedited court hearing for obtaining guardianship?   Emergency guardianship proceedings allow expedited guardianship. A regular guardianship proceeding usually takes four to eight weeks, depending on the county.  An emergency guardianship  can be obtained upon filing (ex parte) or within approximately one week (with notice).  A petition for regular guardianship  usually follows the filing of an emergency guardianship petition.
             Website: www.molinarodavis.com  Email:
Molinaro Davis Law PLLC  |  2809 Cliff Road East, Suite 100| Burnsville, MN
more more