Category Archives: Guardianship

Appointment of guardian and conservator is reversed for insufficient findings of fact.

In re the Guardianship and Conservatorship of Reinhold Struhs, A18-0452. Filed December 3, 2018, (Minn. App. 2018). In a rare case, the court of appeals reversed the appointment of a guardian and conservator because the findings were insufficient to support … Continue reading

Posted in Conservatorship, Guardianship

Guardians have the power to bring a harassment restraining order for a ward.

In the case of Thompson v. Thompson, A18-0309, Filed November 26, 2018 the guardian for a ward sought a harassment restraining order (Minn. Stat. 609.748, subd. 5(b)(3)) on behalf of the ward against the former step-parent/former co-guardian. The court granted … Continue reading

Posted in 609.748, Guardianship, Harassment Restraining Order, HRO, probate, Uncategorized, Ward

2017-2018 Minnesota Case Law Update

The annual 2017 – 2018 Minnesota Case law update is located here at 2018 Minnesota Case Law Update.

Posted in Ante Nuptial, appeals, Attorney fees, attorney-client, Augmented Estate, Bond, case law, Case Law Update, Challenging Parentage, Children, Claims, Conservatorship, Election Against The Will, Elective Share, Equitable, Exempt Property, Financial Exploitation, Formal Probate, Good Faith Purchaser for value, Guardianship, Homestead Exemption, Informal Probate, Malpractice, Notice, Parentage, Personal Representative, Power of Attorney, Prince Estate, probate, Removal, Some Damage, Spousal Rights, Standing, Statute of Limitations, Strict Compliance, surcharge, trust, Uncategorized, Undue Influence, Vulnerable Adult

The court can enforce an equitable bond in a conservatorship surcharge matter.

In re the Guardianship and Conservatorship of Helen Vikla, Conservatee, A17-0449, Filed March 12, 2018 (MN.App. 2018). Estate Resources, Inc. (ERI) is a now defunct professional conservator that (to put it charitably) breached its fiduciary duty to many of its … Continue reading

Posted in Bond, Conservatorship, Equitable, Guardianship, surcharge, Uncategorized