Articles
Can You Compel Distribution of a Trust?
April 1st, 2026
Beneficiaries expect trust distributions to be made according to the terms of the trust. When distributions are delayed or never made, the question becomes whether a beneficiary can compel the trustee to act. Minnesota trust law distinguishes between…
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Categories: Litigation
Understanding Minnesota’s New Order for Protection Against Financial Exploitation
February 19th, 2026
Financial exploitation rarely starts with a dramatic theft. It often begins quietly, with a “loan” that never gets repaid or a caregiver who slowly takes control of someone else’s finances. Many families know something is wrong long before they…
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Categories: Litigation
Understanding Guardianships and Conservatorships After Traumatic Injuries
December 8th, 2025
When people think of guardianships and conservatorships, diseases that impact cognitive ability may come to mind. While dementia and Alzheimer’s are two conditions that may necessitate implementing these legal arrangements, certain serious inju…
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Categories: Guardianship and Conservatorship
The Role of Mediation in Guardianship and Conservatorship Disputes
November 5th, 2025
Disputes are often inherent when it comes to guardianships and conservatorships. They can arise over disagreements about incapacity, who should serve in the role, or whether the appointed individual is acting in the best interests of the incapacitate…
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Categories: Guardianship and Conservatorship
Understanding the Guardianship Litigation Process
October 14th, 2025
Guardianship matters are taken very seriously by courts in Minnesota. Since they significantly restrict the civil liberties of the person subject to the guardianship, any interested person can contest the need for the guardianship. In addition, famil…
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Categories: Guardianship and Conservatorship
How to Obtain an Emergency Guardian or Conservator in Minnesota
October 9th, 2025
Guardianships and conservatorships can be crucial to ensure an incapacitated person’s welfare and financial interests are protected. While it can take a few months from the time the initial petition is filed until a guardian or conservator is appoi…
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Categories: Guardianship and Conservatorship
How Health Care Directives and Guardianships Relate
October 9th, 2025
If you lose the ability to make medical and healthcare decisions for yourself due to illness or injury that leads to incapacity, you might assume that your loved ones will know what to do. But without providing them with instructions, your family mem…
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Categories: Guardianship and Conservatorship
Helping Vulnerable Patients Transition Safely: The Role of Guardianship in Discharge Planning
September 15th, 2025
In hospital and nursing home settings, discharge planning often presents significant challenges when a patient lacks the capacity to make decisions and has no healthcare directive or available surrogate. In these cases, a court-appointed guardian can…
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Categories: Guardianship and Conservatorship
The Role of Forensic Accountants in Trust Litigation
September 15th, 2025
Trusts are meant to protect assets for the intended beneficiaries. However, an unscrupulous or careless trustee may sometimes mismanage the trust assets or commit fraud. A forensic accountant can play a critical role in trust disputes by scrutinizing…
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Categories: Litigation
How Conservatorships Can Help Prevent Financial Exploitation
April 7th, 2025
Due to a variety of factors, including cognitive decline and isolation, elderly adults are particularly vulnerable to financial exploitation and abuse. These wrongful acts involve taking advantage of someone else’s financial resources without their…
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Categories: Guardianship and Conservatorship
