Mason & Helmers
We Welcome Your Call
  • Phone 651-323-2548
  • Toll Free 877-389-5533

How can you gain guardianship of an elderly person?


Sometimes things happen that are beyond our control. Individuals who have a loved one who is no longer able to take care of themselves may feel that things are out of their control. If this occurs, Minnesota families may need to take legal action in the form of probate litigation to become a guardian of their elderly loved one, which could give them back their sense of control.

When an elderly loved one can no longer make decisions for themselves, a family member may want to step in and establish guardianship. Usually, an attorney who specializes in estates and trusts can petition the court for such a guardianship. The court will then hold a hearing and determine whether or not the family member or interested party will be appointed the guardian. If a guardianship is established, the guardian will need to manage the finances very carefully and regularly make reports to the court.

An alternative to establishing guardianship would be to have someone appointed as power of attorney for financial decisions, and creating an advance health directive for health care decisions. This can help a family avoid going to court and provide the same legal benefits as those that have guardianship rights.

When our loved ones age, it can be hard for families to make decisions about those elderly loved ones' best interests. This is a very difficult time for families, and there are many emotions at play. It is important to have legal documents in place for a relative's wishes to be honored, though, as well take the appropriate steps to ensure that their needs are met. An attorney may be able to help a family who is facing these issues by advising them as to what may be the best options for their situation.

Source: AARP, "How do I get legal guardianship of my loved one?" Oct. 24, 2016

No Comments

Leave a comment
Comment Information

For Assistance with Estate Disputes & Other Matters, Contact Us

To learn more about the firm and how we can assist you,
contact Mason & Helmers in St. Paul, Minnesota. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review
rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

Contact Our Attorneys

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Mason & Helmers

Mason & Helmers
332 Minnesota Street
Suite W-3070
St. Paul, MN 55101

Toll Free: 877-389-5533
Phone: 651-323-2548
St. Paul Law Office Map