A guardian may believe that certain communications or visits of a person subject to guardianship pose a risk of significant physical, psychological, or financial harm. The guardian may therefore want to restrict the communications or visits of a person subject to guardianshi [...]
Sometimes a guardian or conservator acts as if they are the “alter-ego” of the person subject to guardianship or conservatorship. The powers of a guardian or conservator are, however, not unlimited. For example, a guardian or conservator in Minnesota must consider the person [...]
Using a written power of attorney, a person (called a “principal”) can appoint someone as their agent (often called an attorney-in-fact) to manage their financial affairs. In Minnesota, a written power of attorney that is dated and properly signed is presumed to be valid. Mi [...]
What is Elder Law? Elder law is the field of law dealing with estate planning and benefits, including related disability issues. Among other things, elder law attorneys handle benefits applications, facility placement applications, powers of attorney, health care directives, [...]
Prior to 1989, Minnesotans were unable to make statutorily supported decisions surrounding their health care upon incapacitation. The Minnesota legislature, in 1989, passed Chapter 145B, which authorized the use of Living Wills and laid the groundwork for our current legal fr [...]
A loved one, maybe a parent, spouse, or friend, mentioned that they are preparing a Health Care Directive with the hope that you would be willing to play the role of health care proxy. Initially, you should take some time to consider what being a proxy entails and how comfort [...]
DNR/DNI stands for “Do Not Resuscitate/Do Not Intubate.” An individual’s wishes for DNR/DNI orders can be written in a Health Care Directive, a POLST form (Physicians Orders for Life Sustaining Treatment), or on a DNR/DNI order. If a patient chooses DNR, it means that in the [...]
Medicare is a program for which all Americans age 65 and older qualify. It is not means-tested or limited to the financially needy; however, it has specific coverage limitations that are not always known to those who rely upon Medicare for care. There are four parts to Medica [...]
If your loved one is having trouble managing her affairs because of a mental or physical disability, consider consulting an elder law attorney about establishing a guardianship, conservatorship, or both. An example of a prime candidate for a guardianship or conservatorship wo [...]
A Trust Protector is neither a trustee of the trust nor a beneficiary of the trust. Generally, they should also not be the grantor, the grantor’s spouse or any other person who has contributed or will contribute funds to the trust. The Role of a Trust Protector The Trust Pro [...]
