Form GAC8-UM "Order Appointing Guardian and Conservator (Minor)" - Minnesota

What Is Form GAC8-UM?

This is a legal form that was released by the United States District Court for the District of Minnesota - a government authority operating within Minnesota. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on April 1, 2004;
  • The latest edition provided by the United States District Court for the District of Minnesota;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form GAC8-UM by clicking the link below or browse more documents and templates provided by the United States District Court for the District of Minnesota.

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Download Form GAC8-UM "Order Appointing Guardian and Conservator (Minor)" - Minnesota

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State of Minnesota
District Court
Probate Division
County of ____________________
Judicial District: ________________
Court File No. ___________________
Case Type: 14, Conservatorship
In Re:
Guardianship and
Order Appointing Guardian and
Conservatorship of
Conservator
___________________________,
(MINOR)
Ward and Protected Person
This matter came on for hearing before the district court on ____________, 20____
on a petition seeking appointment of a Guardian and Conservator for the Respondent named
above. Petitioner appeared personally with the Petitioner’s attorney,
________________________. The Respondent appeared personally with Respondent’s
attorney, ____________________________. The matter, having been considered by the
Court, and the Court being duly advised in the premises now makes the following:
FINDINGS OF FACT
1)
The petition is complete.
2)
Venue in this county is proper.
3)
The parents have either deceased or all of their parental rights have been terminated.
4)
Notice has been given as required by law.
5)
The Respondent is a minor as Respondent has not yet attained the age of 18 years.
6)
The Respondent is (
not) a patient of a State Hospital for the mentally ill or a
developmentally disabled person or dependent or neglected ward of the Commissioner
of Human Services, or under the temporary custody of the Commissioner of Human
Services.
The Respondent is in need of a guardian to protect Respondent’s person.
7)
The Respondent is in need of a Conservator to protect the Respondent’s assets.
8)
9)
The Court finds that the Guardian is the most suitable and best qualified among those
available and willing to discharge the trust and is not excluded from appointment
pursuant to M.S. § 524.5-309(c) or such Guardian has been approved by prior Order of
a court pursuant to M.S. § 524.5-302(d); and the Conservator is the most suitable and
best qualified among those available and willing to discharge the trust and is not
excluded from appointment pursuant to M.S. § 524.5-413(d).
CONCLUSIONS OF LAW
1)
The Respondent is an incapacitated person whose needs cannot be met by less
restrictive means.
2)
A
Guardian
Conservator of _____________________ should be appointed.
GAC 8-UM State
ENG
Rev 4/04
www.mncourts.gov/forms
Page 1 of 4
State of Minnesota
District Court
Probate Division
County of ____________________
Judicial District: ________________
Court File No. ___________________
Case Type: 14, Conservatorship
In Re:
Guardianship and
Order Appointing Guardian and
Conservatorship of
Conservator
___________________________,
(MINOR)
Ward and Protected Person
This matter came on for hearing before the district court on ____________, 20____
on a petition seeking appointment of a Guardian and Conservator for the Respondent named
above. Petitioner appeared personally with the Petitioner’s attorney,
________________________. The Respondent appeared personally with Respondent’s
attorney, ____________________________. The matter, having been considered by the
Court, and the Court being duly advised in the premises now makes the following:
FINDINGS OF FACT
1)
The petition is complete.
2)
Venue in this county is proper.
3)
The parents have either deceased or all of their parental rights have been terminated.
4)
Notice has been given as required by law.
5)
The Respondent is a minor as Respondent has not yet attained the age of 18 years.
6)
The Respondent is (
not) a patient of a State Hospital for the mentally ill or a
developmentally disabled person or dependent or neglected ward of the Commissioner
of Human Services, or under the temporary custody of the Commissioner of Human
Services.
The Respondent is in need of a guardian to protect Respondent’s person.
7)
The Respondent is in need of a Conservator to protect the Respondent’s assets.
8)
9)
The Court finds that the Guardian is the most suitable and best qualified among those
available and willing to discharge the trust and is not excluded from appointment
pursuant to M.S. § 524.5-309(c) or such Guardian has been approved by prior Order of
a court pursuant to M.S. § 524.5-302(d); and the Conservator is the most suitable and
best qualified among those available and willing to discharge the trust and is not
excluded from appointment pursuant to M.S. § 524.5-413(d).
CONCLUSIONS OF LAW
1)
The Respondent is an incapacitated person whose needs cannot be met by less
restrictive means.
2)
A
Guardian
Conservator of _____________________ should be appointed.
GAC 8-UM State
ENG
Rev 4/04
www.mncourts.gov/forms
Page 1 of 4
ORDER
NOW, THEREFORE, IT IS ORDERED:
1)
That: ______________________________, is hereby appointed Guardian of
_______________________________; and
______________________________, is hereby appointed Conservator of
________________________________.
2)
That: letters of Guardianship shall issue to ______________________, upon the
filing of an acceptance of appointment and such letters shall reflect that the
Guardian is appointed by the Court; and
letters of Conservatorship shall issue to ____________________, upon the
filing of an acceptance of appointment.
3)
The Guardian shall have the power and duty to:
Exercise all of the rights and powers on behalf of the Ward under M.S. §
524.5-207.
(If the Guardian is granted limited powers and duties, specify which powers and
duties vest in the Guardian by this Order.)
Exercise the powers and responsibilities of a parent who has not been deprived
of custody of the minor and unemancipated child, except that a guardian is not
legally obligated to provide from the guardian’s own funds for the Ward; M.S.
§ 524.5-207, subd. 1;
Take reasonable care of the Ward’s clothing, furniture, vehicles and other
personal effects; M.S. § 524.5-207, subd. 2(a);
Receive money payable to, and applied for the benefit of, the Ward’s current
support, care and education needs; M.S. § 524.5-207, subd. 2(b).
Give any necessary consent to enable, or to withhold consent for, the Ward to
receive necessary medical or other professional care, counsel, treatment, and to
facilitate the Ward’s education, social, or other activities; M.S. § 524.5-207,
subd. 2(c);
Report the condition of the Ward and the Ward’s estate upon the Court’s own
motion or on petition of an interested person and by court order; M.S. § 524.5-
524.5-207, subd. 2(d);
Apply on behalf of the Ward for any assistance, services, or benefits available
to the Ward through any unit of government(only given if no conservator is
appointed); M.S. § 524.5-207, subd. 2(e);
(other) _________________________________________________________
____________________________________________________________and
GAC 8-UM State
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Page 2 of 4
exercise all other powers, duties and responsibilities conferred on the Guardian under
applicable law.
4)
The Conservator shall have the power and duty to:
Exercise all of the rights and powers under M.S. § 524.5-417 subd. (c)
paragraphs 1, 2, 3, 4, 5 and 6. A limited conservatorship is not appropriate
because ________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________.
(If the Conservator is granted limited powers and duties, specify which powers and
duties are vested in the Conservator by this Order.)
Pay reasonable charges for the support, maintenance, and education of the
Protected Person in a manner suitable to the Protected Person's station in life
and the value of the Protected Person’s estate, M.S. § 524.5-417 (c)(1);
Pay out of the Protected Person's estate all lawful debts of the Protected
Person, M.S. § 524.5-417 (c)(2);
Possess and manage the estate of the Protected Person, collect all debts and
claims in favor of the Protected Person, or with the approval of the court
compromise them, institute suit on behalf of the Protected Person and represent
the Protected Person in court proceedings, and invest pursuant to M.S. § 48A.
07(6) and 501B.151 all funds not currently needed for debts, charges, and
management of the estate, M.S. § 524.5-417 (c)(3);
Exchange or sell an undivided interest in real property, M.S. § 524.5-417
(c)(4);
Approve or withhold approval of any contract, except for necessities, which
the Protected Person may make or wish to make, M.S. § 524.5-417 (c)(5);
Apply on behalf of the Protected Person for any assistance, services, or
benefits available to the Protected Person through any unit of government,
M.S. § 524.5-417 (c)(6); and
(other) _________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________;
and to exercise all other powers, duties and responsibilities conferred on the
Conservator under applicable law.
GAC 8-UM State
ENG
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www.mncourts.gov/forms
Page 3 of 4
5)
The conservator shall file a bond in the amount of $________________________.
6)
That the court appointed attorney for the
Ward and
Protected Person, is hereby
discharged.
Order Recommended by:
_____________________________
________________________________
Referee of District Court
Date
Judge of the District Court
Date
GAC 8-UM State
ENG
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