MN GUARDIANSHIP & CONSERVATORSHIP LAW HANDBOOK W/EFORMBOOK - LINKEDLAW
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ITEM #:  60099200   |   PUBLISHED:  AUGUST 20, 2022
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Minnesota Guardianship and Conservatorship Law Handbook with eFormbook, 3rd Edition

Written and edited by Robert A. McLeod
With contributions from co-authors Jeanine L. Hill, John Kantke, Susan A. King & Anita Raymond

The Third Edition of the Minnesota Guardianship and Conservatorship Law Handbook includes 15 chapters covering all aspects of guardianship and conservatorship law, newly updated to cover the 2020 legislative changes. New to this edition is the inclusion of an eFormbook with more than 140 guardianship and conservatorship forms, drafted by the editor and currently in use by the Minnesota Judicial Branch. The forms are available to download in Word and ready to use. The Handbook also includes detailed appendices to assist practitioners, including statutory language; a sample client intake form; sample health care directive, adult advanced psychiatric directive, and short form power of attorney; and 11 procedural checklists to help insure you do not miss a step in the detailed processes of guardianship and conservatorship practice! The Handbook is also filled with practice tips, examples, and citations to primary and secondary sources for further research.  

The Minnesota Guardianship and Conservatorship Law Handbook with eFormbook 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 working in the area of guardianships and conservatorships, the Minnesota Guardianship and Conservatorship Handbook will be an invaluable resource!  

2022 UPDATE
The 2022 Update to the Minnesota Guardianship and Conservatorship Law Handbook includes updates to 11 chapters, which cover new case law updates from the Minnesota Supreme Court, and analysis of the change to use of bill of particulars in guardianship and conservatorship proceedings. Also included in the Update are eight NEW forms added to the eFormbook, bringing the total to more than 150 forms now included with your subscription to the Handbook! Finally, the Update contains a NEW appendix, Appendix P – Minnesota Supreme Court Orders: Bill of Particulars (ADM09-8009 and ADM10-8050), which has two recent Minnesota Supreme Court orders addressing the use of bill of particulars in guardianship and conservatorship proceedings.


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PART 1 – CHAPTERS

CHAPTER 1
Definitions, Jurisdiction, Venue, And Miscellaneous Practice Rules
Introduction; Rules of Procedure; Definitions; Subject Matter Jurisdiction; Establishing Jurisdiction; Venue; In Forma Pauperis; Guardian Ad Litem; Ex Parte Orders; MyMNConservator (MMC) System – Filing Inventory, Annual Account, and Final Account; MyMNGuardian System – Filing Annual Notices and Well-Being Reports.

CHAPTER 2
Considerations Before Filing A Petition
Client Intake and Information Gathering; Identifying the Issue(s); Choosing the Response; Conclusion.

CHAPTER 3
Guardianship Of A Minor
Nature of Guardianship; Appointment by the Court; Appointment by a Parent; Pre-Approved Guardian Appointment; Appointment of Guardian by Power of Attorney.

CHAPTER 4
Guardianship Of An Incapacitated Person
Nature of a Guardianship: Initial Petitions and Hearings; 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; The Court Order; Post-Hearing Details; Appointment by a Parent or Spouse/Voluntary Guardianship; Pre-Approved Guardian Appointment; The Final Order.

CHAPTER 5
Conservatorship Of The Estate
Conservatorship of the Estate; 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; The Court Order; Post-Hearing Details.

CHAPTER 6
Guardianship And Conservatorship
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; Petition for a Guardian and Conservator of a Minor; The Court Order.

CHAPTER 7
Emergency And Temporary Appointment Procedures
Introduction; Emergency or Temporary 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.

CHAPTER 8
Multi-State Proceedings: Uniform Adult Guardianship And Protective Proceedings Jurisdiction 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.

CHAPTER 9
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; General Powers of a Guardian of an Incapacitated Person; Rights, Duties, and Immunities 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; Bonds and Bond Alternatives.

CHAPTER 10
Personal Decisions Of The Person Subject To Guardianship/Person Subject To Conservatorship
Choice of Abode; Restrictions on Visitation with the Person Subject to Guardianship – Specific Criteria to Determine Best Interests of the Person Subject to Guardianship When Restricting Important Civil Rights; Visitation with a Spouse; Medical Decisions; Termination of Life Support – Can a Guardian Terminate Life Support?; Marriage and Divorce; Primary Analysis.

CHAPTER 11
Estate Planning And Protective Orders For Persons Subject To Conservatorship
Introduction; Estate Planning By or On Behalf of a Person Subject to Conservatorship; Protective Orders.

CHAPTER 12
Modification And Termination Of Guardianships And Conservatorships
Modification of Guardianships and Conservatorships; Substitution of Guardian or Conservator; Termination of a Guardianship or Conservatorship.

CHAPTER 13
The Role Of The Attorney For The Person Subject To Guardianship/Person Subject To Conservatorship
Introduction; Minnesota Rule of Professional Conduct 1.14 – The Ethical Framework; Minnesota Statutes sections 524.5-304(b) and 524.5-406(b) – The Court-Appointed Attorney Conflict Issue; Minnesota Statutes sections 524.5-304(c) and 524.5-406(c) – The Statutory Framework Duties; Selected Problems – Fleshing Out the Ethical Framework.

CHAPTER 14
Attorney's Fees
Introduction; Contested Formal Court Proceeding.

CHAPTER 15
Appealable Orders
Introduction; Rules of Procedure; Standard of Review; Effect of an Appeal.


PART 2  – APPENDICES

APPENDIX A
Minnesota Statutes Chapter 524 – Uniform Probate Code

APPENDIX B
Guardianship-Conservatorship Client Intake Form

APPENDIX C
Health Care Directive and Adult Advanced Psychiatric Directive

APPENDIX D
Statutory Short Form Power of Attorney

APPENDIX E
CHECKLIST: Procedure for Judicial Appointment of Guardian – Minor

APPENDIX F
CHECKLIST: Procedure for Parental Appointment of Guardian for a Minor

APPENDIX G
CHECKLIST: Procedure for Pre-Approved Parental Appointment of a Guardian for a Minor

APPENDIX H
CHECKLIST: Procedure for Judicial Appointment of Guardian of an Incapacitated Person

APPENDIX I
CHECKLIST: Procedure for Parental/Spousal Appointment of Guardian for an Incapacitated Person

APPENDIX J
CHECKLIST: Procedure for Pre-Approved Parental/Spousal Appointment of a Guardian for an Incapacitated Person

APPENDIX K
CHECKLIST: Procedure for Judicial Appointment of Conservator for an Incapacitated Person

APPENDIX L
CHECKLIST: Procedure for Judicial Appointment of Guardian and Conservator for an Incapacitated Person or a Minor

APPENDIX M
CHECKLIST: Procedure to Sell Real Property

APPENDIX N
CHECKLIST: Procedure to Allow Accounts

APPENDIX O
CHECKLIST: Procedure for Judicial Appointment of Emergency Guardian and Conservator

APPENDIX P
Minnesota Supreme Court Orders: Bill of Particulars (ADM09-8009 and ADM10-8050)


PART 3 – eFORMBOOK

The eFormbook accompanying the Minnesota Guardianship and Conservatorship Law Handbook includes more than 150 downloadable, editable forms!

The eFormbook accompanying the Minnesota Guardianship and Conservatorship Law Handbook includes more than 150 downloadable, editable forms!  


GUARDIANSHIP

Guardianship of a Minor:

  • GAC 1GM – Acceptance of Appointment of Guardian for Minor
  • GAC 6GM – Notice of Hearing and Rights for Minor
  • GAC 9GM – Notice of Entry of Order for a Minor

Guardianship of an Adult:

  • GAC 1G – Acceptance of Appointment as Guardian (Adult)
  • GAC 2G – Affidavit of Personal Service
  • GAC 3G – Affidavit of Service by Mail
  • GAC 4G – Letters of Guardianship
  • GAC 5G – Petition for Appointment of Guardian
  • GAC 6G – Notice of Hearing and Notice of Rights
  • GAC 7G – Physician’s Statement
  • GAC 8G – Order Appointing Guardian
  • GAC 9G – Notice of Entry of Order and Right to Appeal
  • GAC 11.2G – Affidavit of Service of Report & Notice (Guardian)
  • GAC 11G – Annual Notice of Right to Petition for Termination or Modification
  • GAC 11 – Well–Being Report
  • GAC 102G – Affidavit Regarding Background Study
  • GAC 104 – Notice to Guardians and Conservators Regarding Background Check
  • GAC 110G – Waiver of Notices and Reports
  • GAC 116G – Notice of Restrictions by Guardian
  • GAC 117G – Guardianship Petition to Remove or Modify Restrictions

Emergency Guardianship:

  • GAC 1GE – Emergency Acceptance of Appointment as Guardian
  • GAC 17G – Petition for Emergency Guardian
  • GAC 18G – Order Appointing Emergency Guardian


CONSERVATORSHIP

Conservatorship of a Minor:

  • GAC 1CM – Acceptance of Appointment of Guardian and Conservator for Minor
  • GAC 6CM – Notice of Hearing and Rights for Minor
  • GAC 9CM – Notice of Entry of Order for a Minor

Conservatorship of an Adult:

  • GAC 1CA – Acceptance of Appointment as Conservator (Adult)
  • GAC 2C – Affidavit of Personal Service
  • GAC 3C – Affidavit of Service by Mail
  • GAC 4C – Letters of Conservatorship
  • GAC 5C – Petition for Appointment of Conservator
  • GAC 6C – Notice of Hearing and Notice of Rights
  • GAC 7C – Physician’s Statement
  • GAC 8C – Order Appointing Conservator
  • GAC 9C – Notice of Entry of Order and Right to Appeal
  • GAC 10C – Annual Notice of Rights Conservator
  • GAC 11.2C – Affidavit of Service of Report & Notice (Conservator)
  • GAC 15C – Confidential Information Form 11.1
  • GAC 16C – Confidential Information Form 11.2
  • GAC 102C – Affidavit Regarding Background Study
  • GAC 104 – Notice to Guardians and Conservators Regarding Background Check
  • GAC 110C – Waiver of Notices and Reports
  • GAC 113C – Petition to Expend Funds
  • GAC 114C – Order to Expend Funds
  • GAC 302C – Petition to Decrease or Waiver Surety Bond

Emergency Conservatorship:

  • GAC 1C – Emergency Acceptance of Appointment as Conservator
  • GAC 17C – Petition for Emergency Conservator
  • GAC 18C – Order Appointing Emergency Conservator


GUARDIANSHIP AND CONSERVATORSHIP

GC of a Minor:

  • GAC 1JTM – Acceptance of Appointment of GC for Minor
  • GAC 6JTM – Notice of Hearing and Rights for Minor
  • GAC 9JTM – Notice of Entry of Order for a Minor

GC of an Adult:

  • GAC 1JT – Acceptance of Appointment as GC (Adult)
  • GAC 2JT – Affidavit of Personal Service
  • GAC 3JT – Affidavit of Service by Mail
  • GAC 4JT – Letters of GC
  • GAC 5JT – Petition for Appointment of GC
  • GAC 6JT – Notice of Hearing and Notice of Rights
  • GAC 7JT – Physician’s Statement
  • GAC 8JT – Order Appointing GC
  • GAC 9JT – Notice of Entry of Order and Right to Appeal
  • GAC 102JT – Affidavit Regarding Background Study
  • GAC 104 – Notice to GC Regarding Background Check
  • GAC 110JT – Waiver of Notices and Reports
  • GAC 113JT – Petition to Expend Funds
  • GAC 114JT – Order to Expend Funds
  • GAC 116JT – Notice of Restrictions by Guardian
  • GAC 117JT – Guardianship Petition to Remove or Modify Restrictions
  • GAC 302JT – Petition to Decrease or Waiver Surety Bond

Emergency GC:

  • GAC 1JT – Emergency Acceptance of Appointment as GC
  • GAC 17JT – Petition for Emergency GC
  • GAC 18JT – Order Appointing Emergency GC

Terminating GC:

  • GAC 2U – Affidavit of Service
  • GAC 15U – Notice of Hearing
  • GAC 16U – Order Allowing Annual Account
  • GAC 25U – Petition for Termination of GC and Discharge of GC
  • GAC 26U – Notice of Hearing on Petition for Terminating or Modifying GC
  • GAC 27U – Order Terminating GC and Discharging GC
  • GAC 28G – Petition for Termination of Guardianship
  • GAC 29G – Order Confirming Termination of Guardian


ANNUAL REPORTING

  • GAC 100 – Bill of Rights


BILL OF PARTICULARS

  • BOP E – Bill of Particulars – Emergency G–C
  • BOP G – Bill of Particulars – General G–C
  • BOP PWBR – Bill of Particulars – Personal Well–Being Report
  • BOP PS – Bill of Particulars – Petition Subsequent – Other
  • GAC 15 – Confidential Information Form 11.1
  • GAC 16 – Confidential Information Form 11.2


COURT UNIFORM FORMS

  • GAC 1U – Acceptance of Appointment as Guardian and Conservator
  • GAC 1UM – Acceptance of Appointment of Guardian and Conservator for Minor
  • GAC 2U – Affidavit of Personal Service
  • GAC 3U – Affidavit of Service by Mail
  • GAC 4U – Letters of Guardianship and Conservatorship
  • GAC 4UM – Letters of Guardianship and Conservatorship of Minor
  • GAC 5U – Petition for Appointment of Guardian and Conservator
  • GAC 5UM – Petition for Appointment of Guardian and Conservator of a Minor
  • GAC 6U – Notice of Hearing and Notice of Rights
  • GAC 6UM – Notice of Hearing and Notice of Rights for Minor
  • GAC 7U – Physician’s Statement
  • GAC 8U – Order Appointing Guardian and Conservator
  • GAC 8UM – Order Appointing Guardian and Conservator of Minor
  • GAC 9U – Notice of Entry of Order and Right to Appeal
  • GAC 9UM – Notice of Entry of Order for a Minor
  • GAC 10C – Annual Notice of Rights Conservator
  • GAC 11.2U – Affidavit of Service of Report & Notice (Guardian)
  • GAC 11GU – Annual Notice of Right to Petition for Termination or Modification
  • GAC 11U – Well–Being Report
  • GAC 15 – Confidential Information Form 11.1
  • GAC 16 – Confidential Information Form 11.2
  • GAC 17U – Petition for Emergency Guardian and Conservator
  • GAC 18U – Order Appointing Emergency Guardian and Conservator
  • GAC 19U – Notice of Hearing for Emergency Guardianship and Conservatorship
  • GAC 20U – Letters of Emergency Guardian and Conservator
  • GAC 21U – Petition to Sell Real Property
  • GAC 21UAPP – Oath & Appraisal
  • GAC 21UA – Affidavit to Sell Real Property
  • GAC 22U – Notice of Hearing to Sell Real Property
  • GAC 23U – Order Directing Sale of Real Property
  • GAC 23UR – Report Regarding Sale of Real Property
  • GAC 24U – Order Confirming Sale of Real Property
  • GAC 100 – Bill of Rights
  • GAC 102 – Affidavit Regarding Background Study
  • GAC 104 – Notice to Guardians and Conservators Regarding Background Check
  • GAC 110 – Waiver of Notices and Reports
  • GAC 113 – Petition to Expend Funds
  • GAC 114 – Order to Expend Funds
  • GAC 116 – Notice of Restrictions by Guardian
  • GAC 117 – Guardianship Petition to Remove or Modify Restrictions
  • GAC 302 – Petition to Decrease or Waiver Surety Bond
  • CIV 401 – Minor Settlement Order
  • CIV 402 – Receipt of Minor Settlement Order and Funds (Form 145.1)
  • CIV 403 – Motion for Release of Minor Settlement Funds (Form 145.2)
  • CIV 404 – Order for Release of Minor Settlement Funds


MISCELLANEOUS FORMS

  • GAC 102U – Affidavit Regarding Background Study
  • GAC 103 – Background Check Form
  • GAC 110C – Waiver of Notices and Reports
  • GAC 110G – Waiver of Notices and Reports
  • GAC 110JT – Waiver of Notices and Reports
  • GAC 113C – Petition to Expend Funds
  • GAC 114C – Order to Expend Funds
  • GAC 116G – Notice of Restrictions by Guardian
  • GAC 117G – Guardianship Petition to Remove or Modify Restrictions
  • GAC 302C – Petition to Decrease or Waive Surety Bond


REAL ESTATE

  • GAC 21U – Petition to Sell Real Property
  • GAC 21UA – Declaration to Sell Real Property
  • GAC 21UAPP – Oath & Appraisal
  • GAC 22U – Notice of Hearing to Sell Real Property
  • GAC 23U – Order Directing Sale of Real Property
  • GAC 23UR – Report Regarding Sale of Real Property
  • GAC 24U – Order Confirming Sale of Real Property


PROBATE

  • PRO 601 – Protective Order for Investment of Minor’s Funds
  • PRO 602 – Receipt for Deposit of Restricted Funds into Protective Account
  • PRO 603 – Petition for Release of Funds
  • PRO 604 – Order for Release of Funds in Protected Account

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