Minnesota Conservatorship

Why Conservators in Minnesota Should be Aware of Affidavit of Services

Being a conservator means more than handling assets. There’s also one specific document that you’re probably going to need to complete before your conservatorship ends. Conservatorship law in Minnesota dictates that you’re probably going to complete an affidavit of service at some point. What that is will be discussed in a moment. Thankfully, filling out the document shouldn’t be difficult as long as you have all the right information.

In this article, there’s also some information on what service can mean in legal terms. Surprisingly, it may not relate to how you served your ward directly. How you fill out the document in question, on another note, might not be your most difficult task. It might be what you do leading up to filling out the document. How you get to filling out the document will, of course, be covered.

What This Document Is

At its basis, an affidavit of service is a document that lets the court know that you’ve done your duty. It’s the thing that you’ll probably use to tell the court which forms were served and who they were served to. Being a conservator means that you’ll probably not only keep track of what’s done with your ward’s assets, but also who you served papers to and which papers were served.

One perk of this document is that, at least for Minnesota, it’s interchangeable for both guardianships and conservatorships. Most of what you need to fill out is basic information such as names and dates. Though, the parts that might be more subjective are the forms which were served. While the court may be concerned about whether or not everyone involved got the paperwork that they needed, they’re also probably concerned about what was served. You have to go so far as to state how these forms were served to each listed individual. Take notes whenever you can.

Understanding Service

Serving forms can impact a lot of legal matters. Evictions and divorces are two such examples in which one party serves another party some forms. To help you better understand, define serving as the act of you giving someone else the forms which they need. That’s what is referred to as service. So, if someone asks about service when talking about conservatorship matters, they might not be talking about getting your car serviced so it can run. They might be questioning whether or not someone got the papers that you need give them.

You have to know what documents need to be given and what parties need those documents. Don’t be afraid to contact the lawyer who helped you with this conservatorship because you’ve got to make sure that everything is in order. Filling out an affidavit of services isn’t just for the court to have an easier time with their own records. It’s showing that you actually did your work, and if they have to double check what you have done, they’ll be able to verify your word. Should you leave things unfinished, it may negatively impact you and make it appear to the court that you’re hiding something.

Delivery Services

Passing forms to one person to another may sound like an easy job, and in theory, it should be. The thing is that these forms in question are probably of high value. Whatever you do, don’t treat any forms that you handle like trash. You should treat the documents that you’re delivering with the utmost care like how you would treat a newborn infant. You may even find that you need some extra help.

One person that you might want to contact is a county sheriff. That may seem a little abnormal or random, but they should be someone who knows how to get the documents to the right place. Court documents often need to be handed to parties in the right fashion. You may not have experience doing that, but a county sheriff might be willing to help you. Professional process servers are also good people to contact as well. If you have trouble getting in contact with either of those, you can always ask your lawyer about what to do about the situation.

Signing and Filing

Like other documents, you’re going to need a notary to help you with an affidavit of service. You’ll fill it out before them, and they probably will be able to help you with any questions that you have while filling it out. The forms have to be served and then you can go complete the document in question. However, before you leave, you’ll probably need identification when you go to sign it to prove that you are who you say you are. There’s also an oath that you’ll have to swear before you sign the document.

Filing it shouldn’t be difficult. Go to the courthouse that you’re working with and locate the court clerk. They’re the person who will help you. They’ll also be the person to attach the documents that you brought to the court, helping to verify that you gave all the documents to the parties involved. Be ready to pay a fee as well. You should pay for a copy of the affidavit so that you can have it for your own records. You don’t want to lose this document, and don’t go anywhere until you have it on your person.

Being at the start of or being at the end of your conservatorship will impact what’s left for you to do. Planning ahead is always a good idea. There are lots of pieces to these things. Working out and understanding every little piece might be what impacts you the most. That said, don’t let the paperwork get you down. Dealing with the incapacitation of a loved one might be emotionally taxing, but you can work through the difficult times with the right assistance. What you can control is how you respond to the matter.

You can get more information from Flanders Law Firm LLC on topics like conservatorship law, guardianship law, and elder law. Once you know how to respond to something, then consider how you will act upon it. Truth be told, all these assets and numbers might not be where your heart is. But you may realize that by dealing with all of the asset-related issues, you can start to have time to focus on the emotional parts. And if signing an affidavit of services is in sight, so might be the end of your conservatorship.

Even if you’re not sure whether or not a conservatorship is even an option, just talk to someone at 612-424-0398.

Sources

https://www.mncourts.gov/GetForms.aspx?c=21

https://www.mncourts.gov/GetForms.aspx?c=21&f=428

https://www.mncourts.gov/Help-Topics/Conservatorship.aspx