M.S. § 524.5-308 M.S. § 524.5-404
State of Minnesota
Select County County of ___________________
District Court Probate Division Judicial District: ___________________ Court File No. ______________________ Case Type: 14, Conservatorship
Guardianship and In Re: Conservatorship of __________________________
Notice of Hearing and Notice of Rights
A petition has been filed requesting appointment of __________________________ as Guardian and ____________________________ as Conservator; of ________________________________ (Respondent herein). A copy of the petition is attached. Appointment of a Guardian or Conservator is not evidence of incompetence. Respondent's Rights and Obligations: The Respondent has a right to attend the hearing, to be represented by an attorney, to oppose the petition and to present evidence. If the Respondent wishes to be represented by an attorney, the Respondent must either obtain one of Respondent's own choosing or if the Respondent has no funds to pay an attorney, the Respondent may call the Court to request an attorney at _____________________ (phone number) Monday through Friday, 8:00 a.m. to 4:30 P.M. Petition for Guardian: If the petition is granted, the Respondent will be found unable to manage Respondent's personal affairs and the proposed Guardian or some other suitable and competent person or persons will be appointed Guardian. Several of the Respondent's rights will be given to the Guardian, including the right to make health care decisions for the Respondent, determine where the Respondent shall live, and if no conservator is appointed, to make contracts for the Respondent. Petition for Conservator: If the petition is granted, the Respondent will be found unable to manage Respondent's financial affairs and the proposed Conservator or some other suitable and competent person or persons will be appointed Conservator. Several of the Respondent's rights will be given to the Conservator, including the right to manage and control money and other property, and to make contracts for Respondent. YOU ARE HEREBY NOTIFIED that a hearing on the petition will be held at ______ _________ o'clock _____m. on ________________, 20______ at _____________________ ___________________________________________________________________________ __________________________________________________________________________. Dated: __________________, 20____ ________________________________ Court Administrator By:_____________________________
This Notice must be personally served on the Respondent with a copy of the petition by the Court Visitor at least fourteen days prior to the hearing; and this Notice must also be served on all interested persons as defined in M.S. § 524.5-102, subd. 7 by mail postmarked not less than fourteen days prior to the hearing.
GAC 6-UM State
ENG
Rev 4/04
www.courts.state.mn.us/forms
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M.S. § 524.5-308 M.S. § 524.5-404
Court File No. ______________ STATE OF MINNESOTA COUNTY OF _______________ ) ) SS )
AFFIDAVIT OF SERVICE
_____________________________________ being first duly sworn/affirmed says that on____________________, 20_____ the undersigned court visitor and affiant served the foregoing Notice of Hearing and Notice of Rights upon the Respondent by handing to and leaving a true and correct copy of this Notice with the Respondent, and displaying the signature of the court on the original Notice to Respondent. ____________________________________ Affiant
Sworn/affirmed before me on ____day of ___________________, 20__. __________________________________
Notary Public \ Deputy Court Administrator
GAC 6-UM State
ENG
Rev 4/04
www.courts.state.mn.us/forms
Page 2 of 3
M.S. § 524.5-308 M.S. § 524.5-404
State of Minnesota County of _______________________
District Court Probate Division Judicial District: __________________ Court File No. _____________________ Case Type: 14, Conservatorship
In Re: Guardianship and Conservatorship of
Waiver of Right to Court Appointed Attorney
I have been notified of my right to be represented by an attorney at the hearing on the petition requesting the appointment of a Guardian and Conservator, and I hereby waive my right for a Court appointed attorney. I understand that the court can appoint an attorney for me and that the attorney fee will be paid by the County but I do not want to be represented by an attorney.
Dated: _______________, 20______
____________________________________ Signed
Court Visitor Certification: I read this notice and waiver of right to attorney to the proposed ward / protected person and explained this notice to such person. I believe the proposed ward / protected person has made a knowing and informed waiver of the right to an attorney.
____________________________________ Court Visitor Date
GAC 6-UM State
ENG
Rev 4/04
www.courts.state.mn.us/forms
Page 3 of 3