A guardian makes decisions regarding shelter, education, food, and medical care for a minor child. A conservator is appointed to make financial decisions for a protected person.

GUARDIANSHIP OF MINOR CHILD

If you are taking care of the child on a long-term basis, you may want to consider becoming the child’s guardian. A guardian is appointed by the court. Without guardianship, it may be difficult getting medical care for the child, enroll him or her in school, or get assistance from other entities requiring parental permission.

GUARDIANSHIP OF INCAPACITATED PERSONS

If a person becomes incapacitated and lacks sufficient understanding to make decisions regarding one’s care, a guardian can assure that their needs get met including: medical, shelter, educational, etc. Guardianship powers are intended to be granted only to the extent necessary to accomplish what the incapacitated person cannot accomplish independently.

TEMPORARY GUARDIANSHIP

Document authorizing a trusted individual(s) to act on your behalf in the event of a medical emergency that results in your incapacitation.

Each state has different rules pertaining to guardianship. An attorney experienced in guardianship matters can explain Minnesota law, review the process, and assess potential hurdles.

CONSERVATORSHIP

A conservator is appointed, by the court, to make financial decisions for a protected person. You can identify a trusted individual within your estate planning documents to serve as your conservator in the event of your incapacitation, which typically the court will uphold unless found to not be in your best interest. The conservator typically has the power to collect all the conservated assets, pay bills, make investments, and perform other financial functions, as well as engage in estate planning, including the right to amend or revoke the protected person’s will.

The facilitated process to determine the documents necessary to convey your wishes based on your objectives, property, assets, and family.The facilitated process to determine the documents necessary to convey your wishes based on your objectives, property, assets, and family.

WILL

A will or estate plan conveys your wishes for who will care for your minor children and how your money, property, and personal belongings will be distributed after your death or incapacitation. Reviewing your estate plan regularly is crucial as laws change and as life situations change.

ESTATE & GIFT TAX PLANNING

Gifting assets to others can be a valuable tool in estate planning and can help reduce your taxable estate.

In Minnesota, gifting may eliminate the need to probate your estate by making a small estate even smaller; and may allow you to transfer tax obligations to your children who may be in a lower tax bracket, provide for a favorite charity or provide help to others.

By giving assets away before you die, you also get to see the recipient enjoy your generosity.

REVOCABLE & IRREVOCABLE TRUST

Establishing a trust allows for more specific instructions on how you want assets, or a specific asset, managed and/or distributed, and some trusts can even be implemented before death. Depending on your situation and wishes, there are several types of trust to consider: contingent will trust, revocable trust, irrevocable trust, charitable trust, special needs trust, and more.

BENEFICIARY PLANNING

Creating or updating beneficiaries on plans such as life insurance, IRAs, and 401(k)s

HEALTHCARE DIRECTIVE

Healthcare agents, Living Will, Do Not Resuscitate Order, Medical Power of Attorney, and Physician Order, are directives that some people also consider at the time of establishing a will, but may also be added as components later. Understanding each directive and its implications is important so that decisions can be made in a timely and planful manner.

POWER OF ATTORNEY

Designating someone who can legally act on your behalf can be customized to fit various situations, duration, and conditions. Clearly stating the range of authority is important as is knowing when and how to revoke the authority. Contact our firm to execute the proper documents customized to your specific circumstances or to revoke current authorizations.

Uncontested Stepparent Adoption

Services to facilitate the process and legal proceeding of adoption including obtaining consent form when the other biological parent agrees to terminate their parental right.

Contested Stepparent Adoption

Services include Petition for Termination of Parental Rights Pending Stepparent Adoption when petitioner is not able to find the other biological parent or they are not willing to consent to their rights being terminated. May require other necessary steps such as depositions, interrogatories, and requests for production of documents.

There are several names for this type of United States adoption, but the most common are relative adoption, stepparent adoption, or independent adoption. These are cases when the adopting parent already knows the child, or the prospective birth mother personally knows the parents she wants for her baby.