Knowledgeable Guardianship and Conservatorship Attorney in Minnesota
If your loved one becomes incapacitated and can no longer make medical or financial decisions for themselves, it may be necessary to establish a guardianship or conservatorship. While a guardianship can be crucial to ensure an incapacitated person’s daily needs are met, a conservatorship gives someone else the authority to handle their financial affairs. Critically, these matters can be legally and emotionally complex — and it’s vital to have a skillful attorney who can provide the representation you need.
The Dave Burns Law Office offers compassionate counsel and trusted legal services for a broad scope of guardianship and conservatorship matters in Minnesota. Whether you are petitioning the court for the guardianship or conservatorship of a family member, or you are the individual for whom protection is sought, Dave has the experience necessary to assist you throughout the legal process.
High-Quality Legal Services for Guardianships and Conservatorships
A person may be in need of a guardianship in the event they lack sufficient understanding and no longer have the capacity to meet their needs concerning safety, medical care, nutrition, clothing, and shelter. In such cases, a guardian may be appointed by the court to make personal decisions for the protected person — and ensure their welfare. Similarly, a conservatorship may be necessary in situations where a person lacks sufficient understanding to handle their own financial matters. A conservator may be appointed to manage the incapacitated person’s estate, pay their bills, invest assets, handle certain business matters, and enter into contracts.
Dave Burns provides families and individuals with a wide range of legal services concerning guardianships and conservatorships, including the following:
- Filing the initial guardianship or conservatorship petition
- Establishing guardianships and conservatorships
- Representing guardians and conservators in court proceedings
- Providing ongoing representation to guardians and conservators about their responsibilities
- Providing representation to protected persons in court proceedings
- Assisting guardians and conservators with annual court filings
- Contesting guardianships and conservatorships
- Terminating guardianships and conservatorships
Dave understands how emotionally difficult, stressful, and overwhelming it can be to come to the realization that a loved one can no longer care for themselves. Handling every case with compassion and empathy, he is committed to helping families and individuals face the challenges ahead — and works to ensure they have peace of mind. Offering attentive counsel and sound advice, families know they can rely on The Dave Burns Law Office to provide them with the representation they need at the time they need it most.
Reliable Representation for Emergency Guardianships and Conservatorships
If your loved one unexpectedly becomes incapacitated due to an injury or critical illness and does not have a power of attorney or health care directive in place, immediate decisions must be made — and someone must have the authority to make those decisions. In such situations, there are legal procedures in place to obtain an emergency guardianship or conservatorship. The Law Office of Dave Burns understands the urgency of these matters and is dedicated to taking swift action to ensure your loved one is protected.
An emergency guardianship will only be granted if the court finds that the individual subject to the guardianship would be substantially harmed before a regular guardianship can be held. An emergency conservator may be appointed if immediate loss or dissipation of the individual’s assets would be likely unless proper management is provided. Both emergency guardians and emergency conservators are appointed without notice to the alleged incapacitated person. A hearing must be held on the appropriateness of the appointment within five days after the appointment.
Dave is dedicated to working closely with families to help ensure their loved one’s physical welfare and finances are protected. He provides legal assistance for all aspects of emergency guardianships and conservatorships, from the initial filing of the petition through the conclusion of the case. In addition to offering guidance and counsel to families, Dave also provides representation to individuals for whom an emergency guardianship or conservatorship has been sought — and works to ensure the best possible outcome is achieved while their rights are adequately protected.
Notably, a guardianship or conservatorship can be avoided with proper incapacity planning. Dave assists clients with drafting healthcare and financial powers of attorney, advance healthcare directives, trusts, and helps them implement other tools that can accomplish their objectives. However, it’s essential to understand that while these are less restrictive alternatives, such documents must be executed prior to incapacity in order to be valid. Dave takes the time to understand each client’s unique needs and family situation to advise them regarding the best course of action.
Contact an Experienced Minnesota Guardianship and Conservatorship Attorney
If your loved one is in need of a guardian or conservator, it’s important to have a diligent attorney by your side to help you navigate the complicated and nuanced legal process. The Dave Burns Law Office provides experienced counsel for a wide variety of guardianship and conservatorship matters in the Twin Cities metro area and throughout Minnesota. Dave welcomes you to contact him at (612) 677-8351 or by emailing dave@daveburnslaw.com to discuss your trust litigation matter. He is available to meet with clients in both Minneapolis and St. Paul.
