COVID-19 NOTICE: WE ARE OPEN FOR BUSINESS AND ARE DEEMED ESSENTIAL BY THE STATE OF MINNESOTA.

We are working remotely and all of us continue to be available by telephone or email. In alignment with national, state and local initiatives as it relates to the coronavirus, we remain open for business and have changed the way we are working for the health and well-being of our employees, and you, our valued clients and colleagues. Read more

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

When can a family challenge a conservator's duties?


Minnesota families who have a child that is cognitively delayed have probably established a conservator. A conservator is appointed when a person is not able to manage their own affairs and the conservator is entrusted with the care of this person. A conservator has a lot of responsibilities, and, occasionally, families may wonder if the conservator is doing anything illegal.

A person who has a conservator has a protected person status in Minnesota. The conservator is closely managed by the State and required to file annual reports. If someone believes that the conservator is not doing their duty, there are legal options they can take. First, they can file a statement with the court disputing account statements or requesting other relief when the statements are turned in each year. The court then has a duty to appoint a person to review the petition and investigate the allegations.

Second, if there are concerns about a conservator's conduct or failure to perform their duty, they can be raised with the court at any time. The protected person or an interested party can petition the court to remove the conservator. Interested parties may include the protected person's attorney, a spouse, parent, or adult sibling, someone who has lived with the protected person for more than 6 months, a health care agent, and others.

When there is an issue involving removing a conservator or other probate litigation, a person may want to speak with a legal professional who is skilled in guardianship and conservatorship law. The laws regarding these issues are complex and experience is necessary. These can be emotional times for families and having someone on their side is helpful.

Source: mncourts.gov, "Conservatorship and Guardianship in Minnesota," accessed on Jan. 28, 2018

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