Conservatorship Versus Guardianship With Minnesota
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FAQ
(g) The appointment of a guardian by a parent does not supersede the parental rights of either parent. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who dies or was adjudged incapacitated has priority.
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.
How is a guardianship or conservatorship set up? A person files a request (called a Petition) to ask the court to name them or someone else as a guardian or conservator for a person who needs help. The person who needs help must be given notice of the Petition. The person who needs help has the right to a lawyer.
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.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.