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Can someone be appointed a temporary guardian?

My sister passed away and she was divorced.  Can I become temporary guardian of my niece?

It depends on the status of the surviving parent, if any.

A temporary guardianship can be granted in some circumstances.  It may depend on whether the other parent of the child is still alive or whether they are deceased.  It may also depend on whether they have any parental rights.  However, in some circumstances, a temporary guardian can still be appointed in these circumstances, but it is best to contact an attorney to review your case because these are very complicated situations.     

Can a parent be appointed a guardian?

My 18-year old daughter has autism.  Do I need to be her guardian?

What decisions does a guardian make?

A guardian was appointed for me.  What decisions can they make on my behalf?

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. 

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?

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. 

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?

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 difference between a guardianship and a conservatorship?

My mother is unable to pay her bills.  Should I petition for guardianship or conservatorship, or both?
Please call us at (651) 705-8800 or fill out the form above to request a free consultation. 
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Molinaro Davis Law PLLC| 2809 Cliff Road East, Suite 100 | Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803 | Email: atty@molinarodavis.com

Compassionate Legal Advocates

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.  In general, a guardianship concerns the personal well being of the individual.  A guardian is appointed powers such as determining abode, applying for government benefits, exercising supervisory authority, and taking care of personal effects.  A conservator, in general, manages someone’s finances.  Typically a person should have in excess of about $10,000 before a conservator is appointed.  However, in other cases, the dollar amount may not be required if other measures cannot be taken to rectify the finances (such as a representative payee).  A conservator also holds the power to enter into contracts on the protected person’s behalf.  A conservator may need to obtain a bond as well. 
MOLINARO DAVIS LAW PLLC TWIN CITIES: (651) 705-8800

Guardianship &

Conservatorship

Establishment of Guardianship/Conservatorship Contested Guardianships/Conservatorship Conservatorship Accounting
9.0Teresa Beth Molinaro
Frequently Asked Questions
Teresa Beth MolinaroReviewsout of 17 reviews
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 probate 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.
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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.  Some counties pay for the petitioners attorney fees if the ward or protected person is indigent.  Our firm handles guardianship and conservatorship cases throughout the metro area and outlying counties.   Our firm has represented petitioners, wards, guardians, conservators, and interested parties in all types of proceedings.  We offer free in person or telephone consultations. 
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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). 
Molinaro Davis Law PLLC| 2809 Cliff Road East, Suite 100 | Burnsville, MN | 55337 | Tel: (651) 705-8800 | Fax: (651) 705-8803 | Email: atty@molinarodavis.com

Compassionate Legal Advocates

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.  In general, a guardianship concerns the personal well being of the individual.  A guardian is appointed powers such as determining abode, applying for government benefits, exercising supervisory authority, and taking care of personal effects.  A conservator, in general, manages someone’s finances.  Typically a person should have in excess of about $10,000 before a conservator is appointed.  

Free Consultations:

(651) 705-8800

2809 Cliff Road East Suite 100 Burnsville, MN 55337
MOLINARO DAVIS LAW PLLC BURNSVILLE, MINNESOTA

Guardianship &

Conservatorship

Establishment of Guardianship/Conservatorship Contested Guardianships/Conservatorship Conservatorship Accounting
9.0Teresa Beth Molinaro
Teresa Beth MolinaroReviewsout of 17 reviews
However, in other cases, the dollar amount may not be required if other measures cannot be taken to rectify the finances (such as a representative payee).  A conservator also holds the power to enter into contracts on the protected person’s behalf. Often a person does not want a guardian and/or conservator.  We can assist clients with objecting to a guardianship and/or conservatorship.  In addition, we also represent clients seeking to be restored to capacity (i.e. not having a guardian or conservator or having one removed).  We also represent other interested parties who have a stake in the proceedings, such as family members. 
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.  Some counties pay for the petitioners attorney fees if the ward or protected person is indigent.  Our firm handles guardianship and conservatorship cases throughout the metro area and outlying counties.   Our firm has represented petitioners, wards, guardians, conservators, and interested parties in all types of proceedings.  We offer free in person or telephone consultations. 
(651) 705-8800