• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Click here to learn how German Law is supporting clients during the COVID-19 pandemic.
  • Home
  • Our Firm
    • About Our Firm
    • Advantages of Working With Our Firm
    • Attorney and Staff Profiles
    • Communities We Serve
      • Minnesota
        • Bemidji
        • Crookston
        • East Grand Forks
        • Fertile
        • Thief River Falls
      • North Dakota
        • Devils Lake
        • Dickinson
        • Grafton
        • Grand Forks
        • Minot
    • Job Opportunities
    • Speaker Connection
  • Estate Planning
    • Asset Protection
    • Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Are You A Caregiver
    • Conservatorship
    • Coping with Alzheimer’s
    • Hospice Care
    • Life Care Planning Services
    • Medicaid Benefits
    • Nursing Home Planning
    • Veterans Benefits
  • Seminars/Webinars
  • Resources
    • Client Resources
      • Estate Planning Resources for Farmers
      • Elder Law Resources
        • Bemidji
        • Grand Forks Elder Law
        • Minot Elder Law
        • Thief River Falls Elder Law
      • Estate Planning Checklist
      • Is Your Estate Plan Outdated?
      • Probate Checklist
      • Probate Resources
        • Bemidji Probate
        • Grand Forks Probate
        • Minot Probate
        • Thief River Falls Probate
      • Top 10 Estate Planning Techniques
    • DocuBank
    • Elder Law Reports
    • Frequently Asked Questions
      • Asset Protection
      • Business Planning
      • Business Succession Planning
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Financial Planning
      • Incapacity Planning
      • Including Philanthropy in Your Estate Plan
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Planning
      • Power of Attorney
      • Probate
      • Trusts
      • Trust Administration & Probate
      • Wills
    • Newsletters
    • Professional Resources
    • Published Books
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
  • Reviews
    • Our Reviews
    • Review us
  • Contact Us
  • Blog

GermanLawGroup

Estate Planning & Medicaid Attorneys in Grand Forks , North Dakota

Call us today(800) 774-7576

  • Facebook
  • Twitter
  • Linkdin
Attend A Free Webinar
Home » Elder Law » Conservatorship

Conservatorship

Conservatorship or guardianship could be necessary in circumstances where someone is incapacitated and needs a trusted person to manage his affairs. A conservator has tremendous responsibility and must fulfill his obligations to the best of his ability in serving the needs of the incapacitated person.  German Law can provide help to those who have been named by the court as conservators. We can also provide assistance with conservatorship proceedings if you need a conservator to be named for someone who is incapacitated.

While conservatorship provides important protections for an incapacitated individual by putting someone in charge of managing that individual’s affairs, it is typically not the best approach to coping with incapacity. It is far better to make an incapacity plan in advance so you do not end up with a conservator making your decisions. Our firm can assist clients in North Dakota and Minnesota in making plans to avoid conservatorship though incapacity planning.

To find out more about how our legal team can assist you, give us a call. We can provide you with personalized advice on a wide variety of issues related to conservatorship and can provide answers to questions you may have about conservatorship including:

  • How does conservatorship work?
  • How can conservatorship be avoided?
  • How can an attorney help with conservatorship in North Dakota and Minnesota?

How Does Conservatorship Work?

When a person has become physically or mentally incapable of making and expressing his or her own decisions, there is a need for someone to manage that person’s affairs. Conservatorship proceedings can be initiated in court to begin the process necessary for a court to appoint a conservator. The conservator will be the one in charge of making decisions for and acting on behalf of the person who is no longer capable of acting on his own accord.

The proceedings will typically involve proving that the incapacitated person is actually incapacitated and thus in need of a conservator to manage his assets and affairs. Once the court has determined that the incapacitated individual is actually of unsound mind and/or unsound body and in need of help, the court will declare the incapacitated person to be a ward.

A conservator or guardian will then be appointed to act on the ward’s behalf. The conservator has a fiduciary duty, which is the highest duty under the law, to act in the ward’s best interests at all time. The court typically remains involved in overseeing actions that a conservator takes to ensure that the conservator is not enriching himself but is instead always looking out for the ward.

How can Conservatorship be Avoided?

Conservatorship makes it possible for a responsible, reliable person to be given authority to manage an incapacitated person’s affairs. It is important that someone have this authority so that assets are not lost and so the right choices can be made to protect a ward.

However, conservatorship isn’t the best way for a person to be chosen to act on behalf of a ward. The best way for a person to be chosen to act on a ward’s behalf is for that ward to decide who will act for him. Of course, this cannot be done once the ward is already incapacitated. It must be done before an illness or injury strikes and leaves a person unable to act on his own.

If you are still healthy and you don’t want to ever have the court appoint a conservator to manage your affairs, you can take steps while you are in good physical and mental condition to avoid conservatorship through incapacity planning.

You can create a power of attorney and other appropriate legal tools to specify your preferences for medical care and to name someone who will be in charge of managing your assets and acting on your behalf. By making plans before something happens to you, you get to be the one to decide who you trust to act for you, rather than a court simply appointing someone who you may not have wanted to take on this role.

How can an Attorney Help with Conservatorship in North Dakota and Minnesota?

German Law helps with all legal issues related to conservatorship. Whether you want to make an incapacity plan so conservatorship is not necessary, have been named a conservator, or need to go to court so a conservator can be appointed for an incapacitated person, our firm can help you. Give us a call today to find out more about the assistance that we can offer.

Primary Sidebar

TESTIMONIALS

Client Review
August 24, 2020
    

Needed to come in to get specific advice for our needs. The attorney spoke to us in terms we could understand, coming to our level and did not make up feel uncomfortable. They were very considerate and caring. We didn’t feel rushed. We felt like they cared and knew what they were doing.

default image
C.P., Minnesota
Client Review
August 24, 2020
    

We were wonderfully satisfied. Wayne did an outstanding job of explaining, diagramming and answering questions and concerns.

default image
JW & CD, North Dakota
Client Review
August 24, 2020
    

They were courteous, efficient, knowledgeable, and trustworthy.

default image
D.T., Minnesota
Client Review
August 24, 2020
    

Very helpful. Our children and us are are confident in your group.

default image
-Anonymous, Fargo, North Dakota
Client Review
August 24, 2020
    

"Very professional, covered all, expertise, friendly, peace of mind now."

default image
- Anonymous, North Dakota
Client Review
August 24, 2020
    

So much of a client's high or low opinion of an organization depends on their welcomed feeling. I felt that every time I visited the office, every person I talked with listened and took action on my concern or questions! They were also very friendly.

default image
~J.R., Grand Forks, ND
Client Review
August 24, 2020
    

From phone calls to signing the final documents I was treated with respect, kindness, and understanding by Wayne & Jenn. Every business that wants their business represented well should have someone like Jenn & Wayne. They both made me feel relaxed and assured I was at the right place at the right time at this time in my life. 

default image
~ Deborah Rucinksi, North Dakota 
Client Review
August 24, 2020
    

All of the paperwork was completed in a timely matter. Wayne was very good in explaining the trust to us. 

default image
~Anonymous
Client Review
August 24, 2020
    

Thank you for taking care of my finances after I am gone. I worried about probate once; hopefully this has been solved. Everyone was very polite and helpful. Thank you Katie for answering my questions, and also Jenn.

default image
- Anonymous
Client Review
August 24, 2020
    

This Avvo rating is killer and so deserved! You are the best brother! The only thing is I think the 10 rating is too low, in my book you go to 11! Congratulations on the award, you should be very very proud. See you at your Holiday party, thx for the invite.

default image
Anthony G., Los Angeles, CA
Client Review
August 24, 2020
    

Everyone at German Law was helpful and pleasant. I felt good about my decision, I thought I was doing the right thing for myself & my family. Wayne took his time and didn't rush, which is good because a lot of this can be over people's heads.

default image
A.W., Red Lake Falls, MN
Client Review
April 15, 2021
    

Excellent

Very interesting, informative and valuable information and ideas.

Valuable information.

default image
RP
Client Review
April 15, 2021
    

5 STARS! Thanks for allowing this to be on a webinar! Very interested in this topic.

Great Estate Planning Guide

default image
SD
<
>

FREE ESTATE PLANNING WORKSHEET

  • This field is for validation purposes and should be left unchanged.

Where We Are

German Law
2650 32nd Avenue South, Suite O
Grand Forks, ND 58201
Phone: (701) 738-0060
Fax: (701) 738-0064

See Larger Map Get Directions

Office Hours

Monday8:00 AM - 12:00 PM and 1:00 PM - 5:00 PM
Tuesday8:00 AM - 12:00 PM and 1:00 AM - 5:00 PM
Wednesday8:00 PM - 12:00 PM and 1:00 AM - 5:00 PM
Thursday8:00 AM - 12:00 PM and 1:00 PM - 5:00 PM
Friday8:00 AM - 12:00 PM

Map

german_sidbr_map

Footer

  • Speaker Connection
  • Advantages of Working With Our Firm
  • About The American Academy
  • Sitemap
  • Contact Us

Connect to Us

  • Facebook
  • Twitter
  • Linkdin
footer-logo

© 2022 German Law
All Right Reseved.

Attorney Advertisement