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Navigating through the court system when elder care is needed

Minnesota courts often have a great deal of discretion and power when it comes to making important decisions that impact the lives of St. Paul residents. At the same time, the factors that courts consider in making decisions are usually known by the parties in the case, and the parties have the ability to present evidence and make their arguments to the court as to why the judge should rule one way or another.

For example, as discussed recently in this blog, Minnesota has statutes that set out a number of factors that courts are to consider when it comes to establishing a guardianship, including who the court should consider when appointing a guardian. The statutes also establish the powers and duties that a person serving as guardian will have upon being appointed.

Yet, it is still essential that individuals understand what evidence is needed to meet the statutory factors that will be considered by the court. It is also important that individuals understand how to effectively present that evidence in court and advocate that the judge make a certain decision.

For more than 40 years, we have been helping our clients establish guardianships and conservatorships. For some, this means drafting proper estate planning documents, like executing a power of attorney that names a person to manage one's finances on their behalf if they are not able to do so. Having a power of attorney in place can prevent the need to establish a conservatorship over one's financial affairs.

Other individuals may be interested in protecting loved ones who are no longer able to care for themselves and who need a guardianship to be established. We have experience in helping our clients who find themselves in these situations to get the protection and care for those who need it. With our experience and knowledge of guardianship law, we can help our clients through the court system to advocate for the result they desire.

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