Legal Question in Family Law in Minnesota

Re: Establishing guardianship of an incompetent parent by a child

You have to petition the probate court for an order establishing a guardianship. There are two kinds of guardianship - guardianship of the person and of the estate. Sounds as if you need both.

Of the person means you get to make medical and personal care decisions and of the estate means you are in charge of the money. Guardianships of the estate have to file strict accounts annually with the court and are a lot of work and expense for that reason. You almost need an accountant or bookkeeper to help just with the accounts.

And yes the court can issue a single order appointing someone as guardian of the person and estate.

There will be a hearing at which evidence in the form of medical records including a letter from this person's physician will need to be presented. The letter will have to say that this person cannot take care of their own affairs anymore. You should have that as a medical opinion.

There may be some judges who would want testimony from the doctor in person, but I think most would accept something in writing.

Good luck.