When people are no longer able to make medical and financial decisions for themselves, someone might petition for a guardianship that grants the petitioner the power to make decisions for the incapacitated person, legally known as a ward. The amount of power is limited by the court and cannot inhibit the ward’s personal freedoms or civil rights. In Minnesota, there are several types of guardianships as well as conservatorships.
A typical guardianship appoints a guardian to make decisions of a personal nature for an incapacitated ward. The guardian might decide where the ward resides, for instance, and what sort of medical care he or she receives. The guardian is largely responsible for decisions that involve education, clothing, food and the ward’s comfort. This type of guardian would also approve contracts not relating to the financial affairs regulated by a conservatorship of the estate. However, a guardian of the person could also function as a conservator of the estate who uses monies from the protected person’s estate to pay for his or her care and maintenance.
In situations where a person is in imminent danger, a petitioner may seek an emergency guardianship of the person. This type of guardianship might be temporary. Courts will appoint emergency guardians and determine the duration of the guardianship. Typically, the length of time will not go beyond 60 days. Finally, guardianships could be classified as either public or private. A private citizen, such a family member, would be a private guardian while a staff member of a government agency would be a public guardian.
People who want to ensure someone they trust would be the one to make decisions for them might not be able to if they become incapacitated. Selecting a guardian or conservator before one is needed could solve that problem. An attorney could assist in the creation of a comprehensive estate plan that could address conservatorships, wills living trusts and powers of attorney.
Source: CONSERVATORSHIP AND GUARDIANSHIP IN MINNESOTA, “What types of Guardianships or Conservatorships are there? “, October 21, 2014