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Incapacity - Guardianship
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In Minnesota, if the court determines in a hearing that a person is incapacitated and that the person’s needs cannot be met by less restrictive means, it can appoint a guardian to act on behalf of that person. The guardian acts under the court’s supervision, but has authority to provide for the living arrangements, care, comfort and maintenance needs of the incapacitated person, or ward. This can include medical care and admission to a hospital. A guardian may receive compensation. The court will select a guardian based on the ward’s best interest, and may appoint a person nominated in a health care directive completed by the ward prior to incapacity, a person nominated by the ward’s spouse, an adult child of the ward, or a person who has lived with the ward for 6 months or more. The proposed ward can object to the appointment, and is entitled to be represented at the hearing by an attorney of his or her choice. The court can appoint an attorney to represent the ward. Minnesota statutes distinguish guardianship from conservatorship – in the latter proceeding the court appoints a “conservator” to act with regard to the property of the “conservatee”. The court must approve most transactions involving real estate of a conservatee. There are provisions for emergency appointment of guardians and conservators.
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