Cynthia Anne Spence’s Answers

Cynthia Anne Spence

Buffalo Guardianship Law Attorney.

Contributor Level 8
  1. I would like to become an interested party in a guardianship case. How do I proceed?

    Answered 12 months ago.

    1. Cynthia Anne Spence
    2. Matthew Thomas Majeski
    3. Tricia Dwyer
    3 lawyer answers

    An "Interested Person" who is entitled to notice of a guardianship proceeding (and certain filings) is defined in Minnesota Statute 524.5-102. (Google it). If you are an "interested person", the petitioner's attorney has to provide you with notice of certain things. If you are not an "interested person", you can still attend virtually all court hearings (unless the court closes it, which it can do in guardianship proceedings upon the request of your friend's attorney). Court records...

    Selected as best answer

  2. How long should I wait before asking court about status of motion?

    Answered over 3 years ago.

    1. Cynthia Anne Spence
    2. John Paul Chitwood
    3. Steven Alan Fink
    3 lawyer answers

    In Minnesota, Judges have 90 days from the time the record is closed to decide motions. Personally, I would just sit tight and wait for the decision. Calling the clerk will not typically make the Judge rule any faster. If the 90 days pass and you still don't have a decision, then you could call.

    Selected as best answer

  3. Is it free to become a guardian or do i have to pay

    Answered over 2 years ago.

    1. Cynthia Anne Spence
    2. Marva Lynn Wiley
    2 lawyer answers

    There is a filing fee for the Petition for Guardianship to be filed with the Court. It can be waived if you (or your daughter, because it is ultimately her assets that can pay for the fees) are below a certain income level. An emergency guardianship is typically only in place for 60 days (sometimes 90). A general guardianship petition needs to be filed and acted upon within this time period. Whoever has been appointed as her emergency guardian has likely already filed the general...

    3 lawyers agreed with this answer

  4. How do i get rid of my appointed guardian?

    Answered over 1 year ago.

    1. Cynthia Anne Spence
    2. Sara Marie Grant Rojas
    2 lawyer answers

    You have the right to file a Petition for Restoration to Capacity, which would terminate the guardianship if it is successful. The process involves filing a Petition, serving notice on Interested Persons and having a court hearing on it. I am an attorney in Buffalo and the focus of my practice is guardianships. I would be happy to speak with you about your situation.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. In Minnesota, my mother was given an emergency guardianship/conservatorship by the court. The petition reads that she would be

    Answered about 1 year ago.

    1. Cynthia Anne Spence
    2. Ruth Elaine McMahon
    2 lawyer answers

    That is correct. The initial petition only deals with whether a guardian should be appointed, which it sounds like the judge did. Although the petition is required to state whether the person will be moved, that issue is not an issue that the court has authority to rule on at the initial hearing. The guardian now has authority to make living decisions, and must do so in the best interest of the ward (your mom). If you feel the guardian is not making appropriate decisions, you may be able to...

    2 lawyers agreed with this answer

  6. In Minnesota i wish to file a petition for guardianship/conservatorship for my mother. She would be the repondent and I would

    Answered about 1 year ago.

    1. Tricia Dwyer
    2. Cynthia Anne Spence
    3. Andrew Thompson
    3 lawyer answers

    If she meets those requirements, you should be good and should not have to provide additional financial information.

    1 lawyer agreed with this answer

  7. What can I do to protect my father from my brother that's unstable mentally and taking financial advantage of his frail status?

    Answered almost 2 years ago.

    1. Heather Morcroft
    2. Cynthia Anne Spence
    2 lawyer answers

    If your father is being victimized, you should contact Adult Protection in the county in which your father resides and file a vulnerable adult report. As the reporter, your identify is confidential and cannot be disclosed by Adult Protection, absent a court order. You could also file for guardianship and conservatorship over your father. However, doing so would not be an "anonymous" process - it would be very public. Filing reports or starting the guardianship process often divides...

    1 lawyer agreed with this answer

  8. Do I need conservatorship over my husband?

    Answered about 2 years ago.

    1. Cynthia Anne Spence
    2. Paula Brown Sinclair
    2 lawyer answers

    It's possible that your husband would be able to get by with just a power of attorney (which as the previous person posted, is less restrictive than a conservatorship). You should consult with his physicians and see if they believe he has suffered any brain damage and, if so, the extent of it and whether it impacts his ability to designate someone to handle his finances for him. You should consult with an experienced guardianship and conservatorship attorney in your area to discuss the...

    1 lawyer agreed with this answer

  9. How do we remove my son from his guardian?

    Answered over 3 years ago.

    1. Cynthia Anne Spence
    2. Theodore Lyons Araujo
    3. Gilbert W. File IV
    3 lawyer answers

    If your son is under guardianship, but no longer incapacitated, he should file a petition for restoration to capacity. The court will have a hearing on it and determine whether the guardianship should be lifted. You don't say what your court hearing on the 18th is about, so I can't really tell you what to expect. You should contact an experienced guardianship attorney, licensed in Minnesota, to further discuss the details of your situation.

    1 lawyer agreed with this answer

  10. I have a court order for parenting time every other weekend and one overnight per week and my childs mom won't abide.

    Answered almost 4 years ago.

    1. Cynthia Anne Spence
    1 lawyer answer

    You should look at the MN Courts website re: "Issues With Parenting Time". Here is link: http://www.mncourts.gov/selfhelp/?page=1627 You can either bring a motion to enforce parenting time, or a motion for the court to assign a parenting time expeditor to help you with your issues.

    1 person marked this answer as helpful

Contact Cindi Spence for a FREE initial consult. (763) 682-2247