Conservatorship/Guardianship

A conservatorship or guardianship is simply a method that allows someone to make decisions on behalf of another person.

The responsibilities of a guardian vary, depending on the needs of the individual. The court will determine the proper scope of guardianship. The court can give a guardian broad decision-making power, including the ability to establish the residence and direct the care of the ward.

A conservatorship is more limited in scope. A conservatorship allows a person to make financial decisions on behalf of an incapacitated individual. A court will grant a conservatorship in a variety of cases, such as when a person is no longer able to run her own business, or if a person can no longer manage his own personal finances. As with a guardianship, the court will determine the scope of the conservatorship.

Gerten and Van Valkenburg, PA, have over 50 years of experience in helping people in these difficult situations. Our attorneys have significant experience working with families and friends who are concerned about vulnerable seniors or children in need and want to accept the legal authority which would allow them to make important decisions.

These decisions and determinations about granting a guardianship vary greatly. A guardian may be a grandparent who provides full-time care for a child, and wants to enroll that child in school. Sometimes parents of a teenager with severe developmental disabilities may want to ensure that they are able to continue to make important decisions on their child's behalf after he reaches adulthood when he turns 18. Many times, adult children of parents with Alzheimer's Disease want to be able to make any medical and daily living decisions for their parents as the disease progresses and renders the parent unable to make those decisions for himself.

Our firm handles all estate planning and probate court issues that come before Minnesota probate courts. At Gerten and Van Valkenburg, PA, we look forward to helping you care for the needs of your loved ones through guardianship or conservatorship, or through a power of attorney and other tools available to plan for incapacity. Contact us to schedule a consultation if you are in need of information about these types of issues.