Spence Legal is With You During the COVID19 Crisis

First and foremost, I hope that you and your loved ones are safe and healthy. The COVID19 pandemic is like nothing we have seen before. It is presenting challenges and changes for all of us. But nothing is more important than doing what you need to do in order to keep yourself and your family healthy. Be assured that Spence Legal Services continues to be available for its clients and to help individuals and families through the guardianship and conservatorship process. Although Courts in Minnesota

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The Logistics of Voting For Persons Under Guardianship

For this article, I sat down with Secretary of State Steve Simon and Director of Elections David Maeda to discuss the logistics of voting for persons under guardianship. Highlights of our conversation are below. This article was originally published in the MAGiC Journal, January 2020. Q.      What are the ways that a person under guardianship can vote? A.         Unless their right to vote has specifically been removed by Court Order, a person under guardianship is treated no differently than a person not under guardianship and

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Voting and Guardianship

Apple pie, baseball and  . . . voting?  Voting is at the heart of our American democratic process. It is, arguably, one of the most important rights and responsibilities that each of us have. Voting allows us to tell our government what we want to see happen, who we want in office and how we feel about certain measures. Eligibility to vote is determined by each State, with the United States Constitution providing the general framework for areas where the states cannot discriminate (race, color,

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Minnesota Guardianships: The Role of the Court Appointed Attorney

When a guardianship petition is filed, the Court usually appoints an attorney to represent the Respondent (the person over whom guardianship and/or conservatorship is sought). The court appointed attorney is there to act as a legal advocate for the Respondent. The attorney will contact the Respondent and meet with him to discuss the guardianship proceedings. The attorney will explain the proceedings, explain the options that the Respondent has in the guardianship proceeding (typically to agree to the guardianship, or to object to the guardianship and

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Book Review: Somebody I Used To Know

I just finished reading Wendy Mitchell’s memoir, “Somebody I Used To Know”. Wow. It is a must read – not only for everyone caring for someone living with Alzheimer’s, but for everyone. Wendy was diagnosed with early onset Alzheimer’s in 2014, when she was only 58. This book is about Wendy’s journey, through her eyes. It is filled with insight and tips on what it’s like living with Alzheimer’s, as well as many reminders that we should all enjoy our current lives and live in

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Minnesota Guardianships: The Role of the Judge

In order for a guardianship and/or conservatorship to be established in Minnesota, a Judge needs to listen to evidence and then issue an Order and Letters. The Order is the document that sets forth the factual and legal basis for finding that a guardianship or conservatorship is necessary. The Judge decides whether a guardianship or conservatorship is necessary by reviewing the documents that are submitted in advance of the hearing (usually the petition, sometimes medical documentation and a court visitor report), reviewing any documents that

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