In Minnesota, guardianships are secured for individuals who are unable to care for or financially support themselves. Typically, the individual identified in the claim is either a minor or an adult who has a serious disability. A Family Law Lawyer in Rochester MN provides guidance and legal representation for individuals seeking a guardianship assignment.
Procedures for the Elderly
The petitioner must submit evidence that shows the elderly individual is unable to care for themselves. Typically, the petitioner submits medical evidence that details a debilitating condition such as diminished capacity, Alzheimer’s disease, or dementia. The individual must also explain why the court should award them with a guardianship assignment.
In most cases, the petitioner is a family member who wished to provide care for the senior. The cases prevent the elderly individual from facing life in a nursing home and prevent others from taking control over the senior’s assets. The guardianship assignment provides the legal right to manage the senior’s assets, but it could also impose strict provisions to prevent any unethical use.
Seeking Guardianship of a Minor
A petitioner who is seeking guardianship over a minor must provide evidence of a risk in most cases. The cases are submitted when a biological parent is a risk to the child. The motions are also linked to minors who were orphaned and/or are unable to support themselves. The petitioner must report any risks to child protective services prior to proceeding with their petition.
Guardianship Assignments in a Will
New guardianship assignments are also addressed in the biological parent’s will. While the parent has the legal right to choose a new guardian, the state must approve the guardian. A caseworker is assigned to the case to evaluate the new guardian and determine if the child is at risk. The new guardian must have the financial means to support the child and have a stable home environment.
In Minnesota, guardianships are obtained to assist individuals who are at risk. Minors and elderly individuals are involved in the cases most often. A family member seeking guardianship must fulfill certain responsibilities for the identified individual. Petitioners who need legal assistance contact a Family Law Lawyer in Rochester MN at Rolsch Law Offices right now.