Written and edited by Robert A. McLeod
With chapters by Jeanine L. Johnson & Susan A. King
The 2nd Edition of the Guardianship and Conservatorship Law Handbook, written and edited by Robert A. McLeod, includes 15 chapters which cover all aspects of guardianship and conservatorship law. The Handbook presents a wide-ranging review of the current law concerning all aspects of guardianships and conservatorships. This great resource is completely indexed and tabbed to make it user friendly. The Handbook is filled with practice tips, procedural checklists, and helpful citations and references to further resources. It also includes over 185 guardianship and conservatorship forms provided by the MSBA.
The Guardianship and Conservatorship Law Handbook is the most comprehensive and authoritative guide available on the subject! If you are an attorney, professional guardian or conservator, social worker, legal assistant or other professional who practices in this area, this program and the new edition of the Handbook will be a great benefit to you.
The 2017 Update to the Guardianship and Conservatorship Law Handbook includes revisions to 9 chapters within the Handbook, including Ch. 1, Definitions, Jurisdiction, Venue and Miscellaneous Practice Rules; Ch. 3, Guardianship of a Minor; Ch. 4, Guardianship of an Incapacitated Person; Ch. 5, Conservatorship of the Estate; Ch. 9, Powers and Duties of Guardians and Conservators; Ch. 12, Modification and Termination of Guardianships and Conservatorships, and more! The 2017 Update also includes new references to useful forms for practitioners, and updated appendices that provide helpful timelines and checklists, as well as the necessary forms for each procedure.
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PART 1 – CHAPTERS
Definitions, Jurisdiction, Venue And Miscellaneous Practice Rules:
Introduction, Rules of Procedure, Definitions, Letters, Subject-Matter Jurisdiction, Establishing Jurisdiction, Venue, In Forma Pauperis, Guardian Ad Litem, Ex Parte Orders, CAMPER System.
Considerations Before Filing A Petition
Client In-Take and Information Gathering, Identifying the Problem(s), Choosing the Remedy.
Guardianship Of A Minor: Initial Petitions And Hearings
Nature of Guardianship, Appointment by the Court, Appointment by a Parent, Pre-Approved Guardian Appointment, Appointment of Guardian by Power of Attorney.
Guardianship Of An Incapacitated Person: Initial Petitions And Hearings
Nature of a Guardianship, Getting Started – Prepare the Documents, What to File to Start a Guardianship Proceeding and Get a Hearing, Filings and Procedures Before the Hearing but After the Petition is Filed, The Hearing, Post-Hearing Details, Appointment by a Parent or Spouse/Voluntary Guardianship, Pre-Approved Guardian Appointment, The Court Order.
Conservatorship Of The Estate: Initial Petitions And Hearings
Nature of a Conservatorship, Getting Started – Prepare the Documents, What to File to Start a Conservatorship Proceeding and Get a Hearing, Filings and Procedures Before the Hearing but After the Petition is Filed, The Hearing, Post-Hearing Details, The Court Order.
Guardianship And Conservatorship: Initial Petitions And Hearings
The Decision to File for Guardianship and Conservatorship, Getting Started – Preparing the Documents, What to File to Start a Guardianship and Conservatorship Proceeding and Get a Hearing, Filings and Procedures Before the Hearing but After the Petition is Filed, The Hearing, The Court Order, Petition for a Guardian and Conservator of a Minor, The Court Order.
Emergency And Temporary Appointment Procedures
Introduction, Emergency Appointment of Guardian for a Minor, Emergency or Temporary Appointment of Guardian for an Incapacitated Person, Emergency or Temporary Appointment of a Conservator, Emergency Appointment of Both Guardian and Conservator, Multi-Jurisdictional Emergency Proceedings.
Multi-State Proceedings (Uniform Adult Guardianship And Protective Proceedings Act)
The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, Which State is the Primary Litigation State?, Transfer of Jurisdiction Between States, Ancillary Jurisdiction, Communication Between Courts.
Powers And Duties Of Guardians And Conservators
General Powers of a Guardian of a Minor, Rights, Duties and Immunities of the Guardian of a Minor, Powers of a Guardian of an Incapacitated Person, General Powers of a Conservator, Transactions Related to Real Property, Rights and Duties of a Conservator, Petition for Other relief.
Personal Decisions Of The Ward/Protected Person:
Choice of Abode, Restrictions on Visitation with Ward, Visitation with a Spouse, Medical Decisions, Termination of Life Support, Marriage and Divorce, Primary Analysis.
Estate Planning For The Protected Person
What Do You Have, Where Do You Want It To Go, When Do You Want It To Go, Are There Any Special Considerations in Carrying Out Your Wishes, The Transfer Tax System, Selecting the Vehicle for Transfers, Estate Planning for a Protected Person Under Minnesota Law.
Modification And Termination Of Guardianships And Conservatorships
Modification of Guardianships and Conservatorships, Substitution of Guardian or Conservator, Termination of a Guardianship or Conservatorship.
The Role Of The Attorney For The Ward/Protected Person
Introduction, Rule 1, MINN. STAT. §§ 524.5-304(b), 524.5-406(b), MINN. STAT. §§ 524.5-304(c), 524.5-406(c) – The Statutory Framework Duties, Rule 4 – Special Rules of Procedure Governing Proceedings Under the Minnesota Commitment Act of 1982 – A Glimpse at the View of the Supreme Court, Selected Problems – Fleshing Out the Ethical Framework
Guardianship and Conservatorship Matters: Attorney's Fees
Introduction; Contested Formal Court Proceeding; Application of Attorney’s Fees; Minnesota General Rule of Practice 119; Procedure; Memorandum of Law; In Camera Review
Introduction; Rules of Procedure; Minnesota Statutes; Minnesota Rules of Civil Appellate Procedure; Six-Month Appeal Deadline; What is a Final Order?; Standard of Review; Terms of Guardianship; Appointment or Removal of Guardian; Appointment of Removal of Conservator; Interpretation of the Statute; Allowance of Guardian-Conservator Fees; Effect of an Appeal
PART 2 – APPENDICES
Index of Old Statutes to New
Minnesota Statutes Chapter 524 – Uniform Probate Code
Guardianship and Conservatorship Client In-Take Form
Health Care Directive
Statutory Short Form Power of Attorney
Procedure for Judicial Appointment of Guardian-Minor (checklist)
Procedure for Parental Appointment of Guardian for a Minor (checklist)
Procedure for Pre-Approved Parental Appointment of a Guardian for a Minor (checklist)
Procedure for Judicial Appointment of Guardian of an Incapacitated Person (checklist)
Procedure for Parental/Spousal Appointment of Guardian for an Incapacitated Person (checklist)
Procedure for Pre-Approved Parental/Spousal Appointment of a Guardian for an Incapacitated Person (checklist)
Procedure for Judicial Appointment of Conservator for an Incapacitated Person (or Minor) (checklist)
Procedure for Judicial Appointment of Guardian and Conservator for an Incapacitated Person or a Minor (checklist)
Procedure to Sell Real Property (MINN. STAT. § 524.5-418 et seq.) (checklist)
Procedure to Allow Accounts (MINN. STAT. § 524.5-420) (checklist)
PART 3 – FORMS INDEX & FORMS
Comprehensive list of more than 185 guardianship and conservatorship forms from the MSBA website
Includes a copy of each of the 185 forms listed in the forms index
The Handbook includes a copy of 185 guardianship and conservatorship forms from the MSBA website.
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