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A guardian is appointed to perform duties related to personal care, custody, and control. The guardian has the authority to make decisions such as where the ward will live and what medical treatment they will receive.
A conservatorship is established when, with the help of a legal representation for conservatorship issues in Minneapolis, someone petitions the court to name a conservator for someone who needs the protection. The person who needs protection has the right to legal representation at a conservatorship hearing.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 524.5-801, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship.
Time-Limited Guardianships Any person under 30 years old determined to need a guardianship, must have a time limited guardianship. This can last for 72 months (6 years) at most.
A Guardian takes care of a ward's personal affairs (medical care, nutrition, clothing shelter, residence, and safety). A Conservator manages a protected person's financial affairs (finances, property and real estate). An incapacitated person may have both a conservator and a guardian.
The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
Any person may petition for the appointment of a guardian or conservator.MS 524.5-303. A petition requesting appointment is filed in the probate court of the county of residence of the proposed ward or protected person.
You must tell the Court why you are requesting to terminate and/or discharge the guardian/conservator. Explain what circumstances have changed since the guardian/conservator was appointed.