Articles
How to Terminate a Guardianship or Conservatorship
March 7th, 2025
Guardianships and conservatorships can be crucial for individuals who are incapacitated and unable to take care of themselves or handle their own affairs. But while these legal relationships may be necessary in certain cases, there are a few scenario…
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Categories: Guardianship and Conservatorship
Common Mistakes to Avoid in a Guardianship Case
March 5th, 2025
When an adult becomes unable to manage their own care, there are many decisions to be made, including who is best suited to serve as guardian. Even after someone is appointed to that role, there are potential pitfalls that can snare even the most wel…
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Categories: Guardianship and Conservatorship
Understanding Guardianship and Conservatorship
January 24th, 2025
What’s the difference between guardianship and conservatorship? Many people use the words “guardianship” and “conservatorship” interchangeably, but there are important differences between the two terms.Guardianship and conservatorship both…
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Categories: Guardianship and Conservatorship
Can a Will Be Contested After Probate?
December 13th, 2024
A last will and testament may be contested during the probate process by anyone who has the legal grounds to do so. Although rare, there may be situations in which a will can be challenged after a decedent’s estate has been closed. Contesting a wil…
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Categories: Probate
The Harmless Error Rule: A Case Study from The Dave Burns Law Office
November 22nd, 2024
The Dave Burns Law Office recently handled a case involving the question of whether a valid will was created under Minnesota’s new “harmless error rule.” The court held that the document in question did not constitute a last will and testament…
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Categories: Probate
The Role of Court Visitors in Guardianships
November 19th, 2024
If your loved one has been diagnosed with Alzheimer’s or another condition that causes them to become incapacitated, they may be in need of a guardianship. This is a legal framework that is put into place to protect individuals who cannot make deci…
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Categories: Guardianship and Conservatorship
The Right to Marriage in a Guardianship
September 6th, 2024
Marriage is a fundamental right that is protected by the United States Constitution, as well as the civil right to enter into contracts. But when a person has a guardian appointed, they typically can no longer sign binding contracts on their own. Rat…
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Categories: Guardianship and Conservatorship
What is a Surety Bond in Conservatorship?
August 19th, 2024
Under Minnesota law, a conservator must be appointed by the court before they can assume their duties. These duties include acting in the best financial interests of the protected person while managing their estate. A surety bond is a type of bond th…
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Categories: Guardianship and Conservatorship
What is a Dynasty Trust in Minnesota — and When Can it Be Litigated?
August 19th, 2024
There are many different estate planning tools in place that can be used in Minnesota to ensure a decedent’s future wishes are carried out. While every estate plan should start with a last will and testament, some might also consider using trusts t…
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Categories: Litigation
Responsibilities of a Guardian or Conservator
June 28th, 2024
As loved ones grow older, they may not always be able to handle their finances or make decisions about their healthcare and welfare on their own. Guardians and conservators can both play a major role in the life of an incapacitated person. However, r…
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Categories: Guardianship and Conservatorship
