Guardianships and conservatorships don’t have to last forever, but they have a bit of finality that not all may not realize. Minnesota guardianship law says that someone can petition for a guardian’s removal for any good reason. Whether they succeed or not lies in the hands of the court. In other cases, you might not want to be in your role or feel that you’re able to fulfill your responsibilities any longer.
No Longer Fulfilling the Role of Guardian
Just because you could be someone’s guardian doesn’t mean that you’ll have that responsibility in every case. Maybe you need to find a new job or new family issues have arisen. Either way, you can have someone else step into your role so that you can have more free time to focus on other matters. Perhaps, you’re no longer physically able to do everything that you once could. Then, someone can become your successor guardian in that instance.
(Guardianship terminates automatically upon the guardian’s passing.)
Protecting the Interests of Those Needing Guardianship or Conservatorship
Sometimes, others think that you shouldn’t be your ward’s guardian anymore. Conservators also face this concern because there have to be checks and balances to ensure everything goes okay. The party who doesn’t want you to have any more power as a guardian will probably have to petition the matter, and the court will have to agree for any legal moves to occur.
Notes About Guardianship Designation in Minnesota Wills
Potential issues can arise for both spousal and parental appointments as guardians in a person’s Will. If the Court refuses to probate a Will for any reason that contains a guardianship nomination, the guardianship will not come into effect. This can even happen when the Will was originally informally admitted to probate but was later denied during formal proceedings.
That said, if you’re looking to appoint someone as your guardian, an experienced Minnesota estate planning attorney should help you craft your Will. If someone approaches you about being nominated as their guardian in a Will if they become incapacitated or incompetent, consider talking to them about the matter if they’re not incapacitated, so you can make sure there are alternate guardians being nominated in case you do not desire to serve or are unable to serve if and when the time comes.
Whether you’re setting up a guardianship or conservatorship or are potentially naming someone for those roles, it’s essential to understand the nuances of the law. Call the team at Waldron Law Offices, Ltd. today at (952) 471-0940 to learn more and schedule a free consultation.
