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Basics of elderly conservatorship

| Aug 17, 2018 | Probate Litigation |

There are many Minnesota families who are taking care of an elderly family member. With a large portion of the population in their golden years, there are many who are suffering from Alzheimer’s, dementia, and other diseases where they can’t take care of themselves. An elderly conservatorship is a way to ensure these people are taken care of.

Families may face a situation in which their loved one will no longer be able to take care of themselves. Whether this is from mental or physical incapacity, it is an emotional situation for everyone involved. An elderly loved one may not be able to remember to take their medications, maintain proper hygiene or manage their own finances. If this is occurring, it may be best for the elderly person to have a guardian appointed for them.

In order for a guardian to be appointed, the court needs to be petitioned. The elderly person, their spouse, a relative, friend, or state or local government agency can petition the court to designate a guardian. Once a guardian is appointed, they are to put the elderly person’s best interests first and can have many responsibilities. They may decide where the person will live, creating a budget, and how the elderly person will be entertained. There can be problems if the elderly person or a family member does not agree with the guardianship.

A legal professional who is skilled in elderly conservatorships can help a family with any questions they may have regarding conservatorships and what the process looks like. They can work through differences a family may be facing and help determine what may be in the elderly person’s best interest. These are often emotional times for families and having a skilled legal professional can be helpful.

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