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When can a family challenge a conservator’s duties?

| Feb 1, 2018 | Probate Litigation |

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

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