Minnesota Guardianship FAQs

Minnesota Guardianship FAQs

Guardianship law can be a vital part of helping incapacitated individuals. It’s the means to stepping into someone else’s shoes when they can’t walk. It’s the vehicle to drive them when they can’t get to where they need to be. Metaphors aside, it allows you to make serious medical decisions for someone who can’t make those choices at the present time. It makes you a guardian.

With that, this article will try to answer four questions pertaining to Minnesota guardianships. Being a guardian to an incapacitated adult may be a unknown concept to you. Perhaps you’ve only been introduced to this concept due to dire circumstances, causing a potential guardianship to be a shining hope. So, keep reading to see if this might be the next role that you want to step into.

What is a Guardian?

The go-to person for the doctors is a simple way of explaining the role of a guardian. You’re the decision maker now for just about every health-related decision that involves your ward. Guardian is a fitting title for such a position, as you’re the medical protector who gets to make the decisions that help protect them. A guardian is a defender. Whenever something goes amuck, you’re probably the one who’s going to get a call.

But there’s a potential price to pay. Responsibility for another life is what you’ll need to handle. They’re in your metaphorical care, and this is potentially more serious than mere babysitting. For this article, assume that you’re caring for a fully grown adult who’s just entered a coma. The doctors might not be sure when they’ll wake up. Your duty is to make sure that while they’re on the other side of dreamland, their mortal frame stays safe.

Why is a Minnesota Guardian?

Incapacitated is the word that can set a guardianship into motion. It’s a broad term, yes. So, to break things down, if someone’s not able to make the medical decisions that they need to make, someone might have to make those decisions for them. That same person has to be responsible for those decisions, too. The whole goal of a guardian is to make the right decisions that otherwise wouldn’t be made.

Think about the following case. If someone breaks their leg while they’re physically incapacitated, they can’t say yes or no. In response, more or less, you might just need to prove to a court that they can’t say yes or no in order to get the right treatment. You’re becoming their brain and their mouth piece by evolving into their guardian. Try your best to learn them inside and out. It’s their body they’ll have to live in.

Does the Ward Need to Have Say?

Though this might be preaching to the choir, but an incapacitated individual might not be able to sign their own name. Remember that they’re incapacitated. Guardianships are made because a ward can’t do what they need to do regarding health care. That isn’t to say that there wouldn’t be someone nice enough to come along and help them get better. It’s just that there might be legal hurdles to get through. The ward doesn’t need to have say in the matter.

Obtaining guardianship powers doesn’t mean that you can do whatever you want. Thankfully, it means that you have the legal authority to try and help your ward. This can be an answer to cases where someone didn’t get all of their estate planning set up properly and they need someone to be there when they can’t be. Proving they cannot sign their name might be evidence that holds up in court.

Does it Apply to Emergencies?

Sometimes, life doesn’t let us wait. If a medical decision needs to be made, yeah, it might be time to see if you can get the court to get things to pass. It might be your only hope to help your ward out of this situation. At the same time, realize what you’re getting into. Once you’re their guardian, you’re the shot caller for their health decisions.

Ask yourself if you’re ready to make those decisions. Research as much as you need to and then some. Now is not the time to demonize the doctors. Focus your emotions and try to remain calm. You can get your powers as a guardian before the hearing in some emergency cases as guardians are sometimes necessary in emergency situations. That’s not justification for having an emergency situation, but it should serve as a relief. There’s the chance that you can be of assistance.

Minnesota Guardianship Lawyers

No, you don’t have to have all your questions resolved before you become a guardian. You can go to the law firm of Flanders Law Firm LLC and ask them your specific questions.  Choosing work with a guardianship lawyer and becoming someone’s guardian is a praise worthy ambition. It might be an emergency situation or things might be going rather well. The only circumstances which you need to be concerned about concern your potential ward. If they’re truly incapacitated, having a guardian might be the best option for them. They might not be able to voice their opinions, but that doesn’t mean that they want you to be silent.

Contact the Minnesota guardianship lawyers at Flanders Law Firm LLC for your free initial consultation.  The telephone number is:  612-424-0398. 

Sources:

https://www.lawhelp.org/dc/resource/guardianship-and-conservatorship-frequently-a

https://www2.illinois.gov/sites/gac/AboutUs/Pages/GuardFAQ.aspx