If your loved one is unable to make and communicate responsible personal decisions about their medical care, shelter, nutrition, clothing and safety, then a guardianship may be necessary.
Guardianships are often necessary in the following instances:
If your developmentally delayed or disabled child is turning 18. Such a “child” will be a legal adult and will be responsible for his own medical, educational and personal decisions, unless you become his legal guardian.
When an adult gets dementia, Alzheimer’s Disease or another disease that affects their ability to make their own safe, responsible decisions about their medical care, shelter, nutrition and safety (and they don’t have in place any lesser restrictive alternatives such as a health care directive).
If an adult gets in an accident which has left him debilitated or in a coma and no longer able to communicate decisions about his medical and personal well-being (and they don’t have in place any lesser restrictive alternatives).
The whole “guardianship process” likely seems foreign to you. It is complicated and stressful, particularly when you are already dealing with changes with your loved one. The information here is designed to give you some general information about guardianships and conservatorships in Minnesota.
See some examples of cases that Cindi has worked on.
If you need more detailed information, see our Minnesota Guardianship and Conservatorship Law blog or contact Cindi Spence at Spence Legal Services at 952-943-3919 to further discuss your needs.