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Primus Law Office, P.A. has an extensive practice in the areas of guardianships and conservatorships. A guardianship or conservatorship is a court proceeding established to protect an incapacitated adult. On this page you will find Articles about issues arising in conservatorships, and Selected Statutes regarding guardianships and conservatorships.

Brent Primus has served for more than 10 years on the Hennepin County Probate Court's panel of Attorneys representing individuals who are the subject of a pending Petition to create a Guardianship or Conservatorship over them. In that role he has acted as the Attorney for numerous persons, including both young adults and senior citizens, with widely varying incapacities. Brent has also represented Conservators, both professionals and family members, and has acted as a conservator himself. Brent is currently on the editorial board of the MAGiC journal, the publication of the Minnesota Association for Guardianship & Conservatorship.

Articles

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THE POWER NOT TO CONSENT TO MEDICAL CARE - MAGiC JOURNAL, JULY 1997. By Brent Wm. Primus, J.D.
Minn. Stat. § 525.56, Subd. 3 (4)(a) reads as follows:
"The power to give any necessary consent to enable the ward or conservatee to receive necessary medical or other professional care, counsel, treatment or service, except that no guardian or conservator may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless... Read more

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STAYING OUT OF TROUBLE: THE PERSPECTIVE OF THE HENNEPIN COUNTY PROBATE COURT - MAGiC JOURNAL, JULY 2000. By Brent Wm. Primus, J.D.
The relationship between the Court and a guardian is not the same as the relationship between the Court and a party in civil litigation or a criminal prosecution. Rather, a guardian, by statutory definition, is an agent of the Court... Read more

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TO DRINK OR NOT TO DRINK: THAT IS THE QUESTION - MAGiC JOURNAL, OCTOBER 2000 By Orrin Tietz and Brent Wm. Primus, J.D.
The issues include the basic legal questions as to whether a conservatee has a right to drink at all and whether a conservator has any authority or duty with respect to the conservatee's drinking. A quick check of the decisions of the Minnesota appellate courts did not lead to any decision... Read more

Excerpts from Minnesota’s Uniform Guardianship and Protective Proceedings Act

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Minn Statute § 524.5-102 DEFINITIONS.
Subd. 3. Conservator. "Conservator" means a person who is appointed by a court to manage the estate of a protected person and includes a limited conservator.
"The power to give any necessary consent to enable the ward or conservatee to receive necessary medical or other professional care, counsel, treatment or service, except that no guardian or conservator may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless... Read more

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Minn Statute § 524.5-313 POWERS AND DUTIES OF GUARDIAN.
The court may appoint a guardian if it determines that all the powers and duties listed in this section are needed to provide for the needs of the incapacitated person. The court may also appoint a guardian if it determines that a guardian is needed to provide for the needs of the incapacitated person through the exercise of some, but not all, of the powers and duties... Read more

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Minn Statute § 524.5-417 GENERAL POWERS AND DUTIES OF CONSERVATOR.
The court may appoint a conservator if it determines that all the powers and duties listed in this section are needed to provide for the needs of the protected person. The court may also appoint a conservator if it determines that a conservator is necessary to provide for the needs of the protected person through the exercise of some, but not all, of the powers and duties… Read more

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