A Minnesota Guardianship Lawyer Explains the Role of a Court Visitor in Guardianship Proceedings
In order to assist with understanding how this may work, let’s use a hypothetical.
Your aging father has been diagnosed with Alzheimer’s. He doesn’t have a Health Care Directive and he no longer has the capacity to sign one. You come to my office to work with an experienced Minnesota guardianship lawyer and we file the petition to have the court appoint you as his guardian. After we file the petition, the court will appoint a Court Visitor.
What is a Court Visitor and What Does One Do?
A Court Visitor is an individual appointed by the Court to meet with your father to provide him with a copy of the petition. The Court Visitor will ask your father whether he would like the Notice and Petition read out loud. If so, the Court Visitor will then read the entire Notice/Petition to Dad. Then the Court Visitor will file a report with the Court about the your Dad’s condition and the appropriateness of appointing a guardian.
What is contained in the Court Visitor’s report?
The Court Visitor’s report provides the Court with information about: your father’s appearance and ability to answer basic questions, his position on the petition and whether he wants an attorney appointed, and whether and to what extent the Court Visitor believes a guardianship or conservatorship is appropriate.
What role does the Court Visitor’s Report have in the proceedings?
It is considered by the Court in determining the appropriateness of the guardianship or conservatorship.
Minnesota Guardianship Lawyer
If you have questions about whether you need a guardianship to care for another, please call Unique Estate Law to discuss your options.