If your loved one is unable to make and communicate responsible personal decisions, or unable to manage his or her assets, then a guardianship or conservatorship may be necessary. The whole "guardianship process" may seem foreign to you. The information here is designed to give you some general information about guardianships and conservatorships. If you need more detailed information, see our Minnesota Guardianship and Conservatorship Law blog or contact Matt Legal at (763) 682-2247 to further discuss your needs.

• Meeting with Attorney - During the initial meeting you will provide detailed information to your attorney about why a guardianship or conservatorship is necessary.  Many times the attorney will provide you with a questionnaire in advance of the meeting that you should complete and bring with you.  You should have a list of specific examples/behaviors that your loved one has engaged in recently that justify the guardianship.  You should have details about your loved one's medical history and why that justifies a guardianship.  You should bring contact information (names/addressess) for your loved ones next of kin (typically spouse, children, parents, adult siblings).  Your attorney will help you decide whether an emergency guardianship is necessary, or whether a general guardianship will suffice.  Your attorney will also help you decide whether a guardianship, conservatorship or both is necessary.
• Attorney Prepares Court Papers to Initiate Guardianship - After your initial meeting, your attorney will prepare the necessary paperwork to establish the guardianship and/or conservatorship.  Your attorney will likely be in contact with you during this time to clarify the information that will be going into the paperwork.  The attorney will typically send it out to you for review and edits, before making a final version of the paperwork.
• Meeting with Attorney to Sign Paperwork - When the guardianship paperwork has been finalized, you will meet with your attorney to sign the Petition and other guardianship documents.
• Attorney files Guardianship Papers with the Court - The attorney files the signed guardianship papers with the Court.  A filing fee must be paid (it varies by county, but right now in most counties in Minnesota it is $320)
• Court processes Guardianship Papers and Assigns a Hearing Date - the Court opens a file, processes the guardianship paperwork and assigns a hearing date.  The hearing date needs to be at least 14 days out, but is typically even further out (4 - 5 weeks) depending on the Court's schedule.
• Attorney Provides Notice of Hearing to Interested Persons - once a hearing date is assigned, the attorney sends formal Notice of the Hearing to individuals that are required to know about the hearing under Minnesota Statutes.
• Attorney Gathers and Files Additional Information/Documents - if a Physician's Statement in support of the guardianship hasn't already been obtained, the attorney will try to obtain one before the hearing.  A Physician's Statement is not mandatory, but medical support for the guardianship is very persuasive evidence that a guardianship is necessary and appropriate.
• Court Visitor Meets With Proposed Ward - At least 14 days before the hearing date, an individual called a Court Visitor will go to the ward's place of residence and read the Guardianship Petition to the proposed ward.  The Visitor asks the proposed ward a series of questions about him/herself, his position on whether he/she wants a guardian appointed and who he/she would like appointed as guardian.  the Court Visitor then prepares a report (Visitor's Report) that is filed with the Court and provided to your attorney before the hearing.  In the report, the Visitor takes a position on whether he/she believes a guardianship seems appropriate and necessary.  The Judge reads this report and considers the information in it when deciding whether a guardianship/conservatorship is appropriate.
• Proposed Ward Meets With Own Attorney - the proposed ward is entitled to have an attorney.  He/she can hire a private attorney, have a court appointed attorney, or waive his/her right to an attorney.  If the proposed ward does have an attorney, that attorney will meet with the proposed ward to discuss and advise about the guardianship/conservatorship proceedings.  The ward's attorney will communicate with your attorney so that everyone is aware of the proposed ward's legal position in advance of the hearing.
• Attorney Prepares for Court Hearing - the attorney will prepare you (and potentially witnesses) for the Court Hearing.  The amount and extent of preparation will vary, depending on whether the case will be contested or uncontested.  The vast majority of guardianships are uncontested.  However, sometimes the proposed ward or another interested person will contest the proceeding (because he/she does not believe a guardianship is necessary or believes that someone else is better qualified to be guardian)
• The Hearing is Held - the guardianship/conservatorship hearing is held on the date specified in the Notice.  It is held in open court.  The proposed ward must be present at the Hearing unless excused by the Court or a Physician's Statement is filed stating the proposed ward is unable to attend because of his/her medical/mental condition.  At the hearing, testimony is taken about why the guardianship is necessary.  If it is an uncontested proceeding, it is typically just the testimony of the Petitioner.  If it is a contested proceeding, there may be multiple witnesses (including medical experts) who talk about specific behaviors, etc. that justify the imposition of a guardianship.
• The Judge Makes a Decision - After the Hearing, the Judge will make a decision on whether a guardianship/conservatorship is necessary and who the guardian/conservator should be.  Typically the decision is made from the bench (i.e. right at the conclusion of the hearing).  In some cases the Judge will take the matter under advisement and issue a written decision after the hearing.
• Court Administration Issues Paperwork - after the Judge has granted the petition for a guardianship, Court Administration will issue the papers that give the guardian/conservator the authority to act.
• Meeting with Attorney Regarding Duties - you will then typically meet with your attorney to go over your obligations as guardian and/or conservator.

• Do you need a Will drawn up so that guardianship provisions are in place for your minor children if something tragic should happen to you?

• Do you need a Power of Attorney drafted so that someone can conduct financial, insurance, or real estate transactions for you?

• Do you need a Health Care Directive so that someone can make decisions for you if you are unable to make your own decisions?

 

Estate Planning FAQ:

Do you need a Will?

Many young couples think that they do not need a Will because they don't have many assets, and mostly have debt.  However, one reason that couples such as this should still consider making a Will is so that they have guardianship provisions in place to address who would become guardian of their children in the event both parents died.  Without such provisions already in place in a Will, after an unexpected and untimely death of parents, a third party would have to spend a great deal of time and money petitioning the court for appointment of a guardian for minor children.  This could be avoided with a little bit of advance planning.

Do you need a Power of Attorney and Health Care Directive?

Many people, young and old, think that they don't need things like a Health Care Directive or Power of Attorney because "nothing tragic will ever happen to me".   However, a tragic debilitating accident can occur to any of us, at any age.  Doing a little bit of planning now and implementing estate planning tools such as a Health Care Directive and Power of Attorney can save a great deal of time and money later, when a guardianship may be necessary because these documents were not put in place.

• Have you been injured in an auto accident?

• Have you been bit by a dog?

• Have you been injured in a slip, trip and fall?

 

At Matt Legal Services, LLC we can help you determine whether you are entitled to compensation for your injury. For more information about the process involved in pursuing a personal injury claim, contact ust at (763) 682-2247 to further discuss your needs.

• Are you or your spouse contemplating a divorce?

• Have your financial circumstances changed since your divorce and you are now paying more child support than you can afford?

• Do you want to legally adopt your step-children?

 

Going through a divorce or custody battle can be extremely stressful, financially challenging and emotionally draining.  When deciding on a lawyer to represent you in a family law situation, you need to choose a lawyer with experience and knowledge to help you get the results that you seek.  At Matt Legal, we not only have the experience and knowledge that you need, but we also have compassionate, personable and understanding attorneys that are here to help you through one of the most stressful time in your lives.

Matt Legal Services, LLC can help you determine how to proceed with your family law issues.  For more information about the process involved in divorce, custody, child support, adoption and other family law issues, contact us at (763) 682-2247 to further discuss your needs.

Divorce Basics

Minnesota is a no-fault divorce state - meaning either party can request (and receive) a divorcewtihout having to show that the other party did something "bad".  Divorces can be contested and uncontested.  In an uncontested divorce, the parties are able to agree on how assets and debt should be divided, who should have custody of the children, the amount of parenting time each parent will have with the children, etc. If the parties are able to agree on these issues, they enter into a stipulated agreement which is eventually submitted to a judge for review and approval (they may also be required to attend a court hearing in some circumstances). In contested proceedings, the parties typically try to resolve their differences at mediation and then, if they have not been able to resolve the issues, they will have a trial and let the judge decide the issues.

Child Support Basics

Both parents legally obligated to contribute financially to the care and well-being of their children. Typically, the payment of child support continues until a child reaches 18 or graduates from high school, whichever is later. 

Child support in Minnesota includes three components:  Basic support payments, medical support and child care support.

Minnesota has a specific set of guidelines for calculating child support. Theses guidelines encompass the income of both parents and the amount of time each parent spends with the children. The income of each parent is compared and a percentage of the money required to raise a child each month is divided proportionally.

Modification of child support may occur at the request of either parent, so long as there has been a "substantial change in circumstance" that makes the terms of the prior arrangements unfair or unreasonable.

The court treats child support and parenting time as two separate issues. A failure to pay child support will not affect parenting time with your child. When a court determines parenting time, it will only be concerned wit h the best interests of the child. The failure to pay support is not a legally valid reason to deny or restrict parenting time.

Adoption Basics

Couples who have children from a prior marriage oftentimes want their new spouse to adopt those children through what is commonly referred to as a "step parent adoption."  This process involves obtaining the consent of the biological parent to the adoption and then filing an adoption petition with the Court.  A background check is performed on the adopting step parent and a home study is completed so that the court can be assured that the prospective adoptive parent is appropriate for the adoptee.  A typical step-parent adoption takes about 6-8 weeks from the time the petition is filed.

• Have you been served with a Summons and Complaint and don't know what to do?

• Do you want to sue someone for breaching a contract that they had with you?

• Did you do work for someone and they have failed do pay you?

 

Matt Legal Services, LLC can help you determine how to proceed with your civil litigation issues.  For more information about the process involved in civil litigation cases, contact us at (763) 682-2247 to further discuss your needs.

Civil Litigation FAQ:

What should you do if you have been served with a Summons and Complaint?

If you have been named as a Defendant in a civil lawsuit and served with a Summons and Complaint, you have a limited time to act in order to preserve your legal defenses.  Typically you must serve an Answer within 20 days of the time that you were served.  It is not legally sufficient for you to write a letter or call the Plaintiff or their attorney stating that you disagree with what they have alleged in the Complaint.  You need to formally serve a pleading called an Answer in order to preserve your defenses.  You may also be able to make some claims of your own against the Plaintiff (called Counterclaims).  You may need to bring another party into the lawsuit, if the Plaintiff failed to sue a person that you believe may have some responsibility for some of the alleged damages.  In order to make sure that your legal defenses are preserved, and that you make any claims that you may have against the Plaintiff or others, it is vital that you talk with an attorney experienced in civil litigation promptly.

What should you do if you want to sue someone who has caused you damages?

If you have a claim against someone for causing harm or damage to you, you should consult with an attorney to determine how to proceed.  Sometimes hiring an attorney to write a letter to the person who has wronged you is the most effective way to resolve the issue without expensive litigation.  If litigation is necessary and the dollar amount of your damages is less than $7500, you may want to proceed on your own in Conciliation Court, in order to save yourself the expense of hiring a lawyer.  However, there are certain situations where you may still want to hire a lawyer and sue in District Court, even if the claim is less than $7500, depending on the nature of the claim, the relief you are seeking and whether there is the potential for recovery of attorneys fees.  At Matt Legal, we will work with you to evaluate your potential claim, the amount of your potential damages, and the best way for you to proceed.

Can I recover my attorneys fees?

It depends.  In Minnesota each party pays for his or her own attorneys fees unless: 1)  there is a provision in a contract between the parties that provides for the payment of attorneys fees in certain situations, or 2) there is a statutory basis for recovery of attorneys fees (for example under the Minnesota Consumer Fraud Act).

How will Matt Legal decide what to do with my case?

At Matt Legal, our attorneys have a combined 56 years of litigation experience.  We have successfully sued and defended hundreds of individuals and entities in Minnesota Courts.  We know the best legal strategies to move a case forward to the best possible resolution.  We work with our clients to determine the most appropriate strategy for their particular needs.  Sometimes this involves a minimalist approach, in order to save you money yet move towards resolution of the case.  Sometimes this involves an aggressive approach, involving extensive information gathering (discovery) and depositions.  Sometimes the best way to resolve your case is to get together with the other party early on and attempt to negotiate a settlement agreement that everyone can live with.  At Matt Legal we will work with you to decide the most effective way to proceed with your civil lawsuit.