Survey: Guardianship and Conservatorship in Minnesota
 
Our Minnesota survey has now been replaced by a  national survey done in partnership with the National Association to Stop Guardianship Abuse (NASGA)


Visit us at ProbateWatch.org for updated links to our latest surveys.


                                     Copyright  2019-2020 ProbateWatch.org  - All Rights Reserved

Sign in to Google to save your progress. Learn more
Section 1. Protected Person/Wards Information
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
1a. Ward's Name:
1b.  Ward's gender:
Clear selection
1c. Ward's  age:
If the ward is no longer alive, provide the wards age at time of death.
1d.  Ward's age when placed under guardianship/conservatorship:
1e. Guardianship/conservatorship case number:
1f.  Rate experience with probate court system.
Please rate the overall experience for the ward.  Enter 5 for neutral or no opinion.
Bad- Ward was harmed by probate court invovement
Good - Ward benefited from probate court invovement
Clear selection
Section 2. Probate Hearing Information
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
2a. What county was guardianship/conservatorship ordered in?
2b. Who was the judge or judicial officer?
2c. What year did the guardianship/conservatorship become active?
2d. Was this an emergency guardianship/conservatorship?
Clear selection
2e. Did the ward have a documented POA and health care directive?
Clear selection
2f.  Was there any conflict over who the ward had designated as POA and health care advocate?
If Yes - Please describe conflict.
Clear selection
Describe conflict over POA or heath care advocate:
2g.  Was the ward properly notified of the probate court hearing?
Clear selection
2h.  Did the ward attend the probate court hearing?
Clear selection
2i.  Identify any interference with the ward attending the probate court hearing?
Also,  please describe interference.
Additional details of Interference:
2j.  Was the ward cross-examined on the stand to determine competency?
If Yes - Please explain the effects of cross-examination.
Clear selection
Effect of cross-examination:
2k.  Were other family members or interested parties properly notified and given option to attend guardianship hearing?
If No - Please describe problems with notification.
Clear selection
Problems with notification:
2l. What was the reason that the probate court became involved in the wards life?
Check all that apply and please provide additional information if possible.
Additional information on how probate court became involved:
2m.  What was the motivation behind probate court involvement?
Please provide additional information on motivation.
2n. Was competency evaluation performed by a qualified professional?
If No -  Describe provide additional details.
Clear selection
Details of competency evaluation:
2o.  Was incapacity based on an accurate diagnosis?
Clear selection
2p. What was enacted by court?
Clear selection
2q. Were any least restrictive means evaluated?
If Yes - Please describe below.
Clear selection
Describe least restrictive evaluation:
2r.  Did family member attempt to be appointed guardian before a professional guardian was appointed?
Clear selection
2s. Did ward retain their right to vote?
Clear selection
2t.  Was  DHS or Adult Protection involved with ward before guardianship process?
If Yes - Please describe involvement.
Clear selection
Describe DHS/Adult Protection involvement:
2u. Was there any involvement from other agencies ( VOA, LSS, AARP)?
If Yes - Please describe below.  
Describe involvement from agencies:
2v. Do you suspect  any conflict-of-interest  between the ward's attorney, court officials or guardian/conservator?
If  yes - Please describe below.
Clear selection
Describe conflict-of-interest:
2w.  Do you feel that there was any misconduct or bias by judicial staff:
If Yes - Please describe:
Clear selection
Describe judicial misconduct:
2x. Please provide any other comments about the probate hearing:
Section 3: Protected Person Attorney Information
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
3a. Did ward have own attorney or was court appointed attorney used?
Clear selection
3b. Name of ward's attorney:
3c. Was ward denied a private attorney of their choice?
Clear selection
3d. Did the ward's attorney properly represent the ward?
If No - Please describe how not.
Clear selection
Describe attorney's actions:
3e.  Did ward request anyone else be present when meeting with attorney?
If Yes - Please list who the ward requested.
Clear selection
List who the ward requested to meet with attorney:
3f.  Was ward allowed to have anyone else with them?
Clear selection
3g. Please provide any other comments about the protected person's attorney:
Section 4: Your Involvement In Guardianship/Conservatorship
We would like to know about your personal involvement with the ward.
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
4a. Your relationship to the ward:
If half-sibling, step-child, cousin or other type of relative, please provide additional details.
Clear selection
Details on relationship:
4b.  Did you try unsuccessfully to get help for ward before guardianship/conservatorship?
If Yes - Identify agencies/organizations below and describe if possible.
Clear selection
Agencies contacted for help before guardianship:
Describe assistance sought before guardianship/conservatorship:
4c.  Did any agencies attempt to help and if so how?
If Yes - Identify agencies/organizations below and describe if possible.
Clear selection
Attempts to help ward:
4d. Did you attend or play a role in the guardianship hearing?
Clear selection
4e.  Did you hire legal counsel to represent you?
If Yes - Please list your attorney. If multiple attorney's were involved, please describe.
Clear selection
Attorney Name:
4f.  Were you satisfied with your attorney's performance?
If No - Please describe how you were unsatisfied.
Clear selection
Describe attorney's performance:
4g. Did you incur legal expenses or other financial loss as a result of the guardianship/conservatorship?  
If Yes - Please enter estimated amount of loss and describe type of loss such as attorney fees, travel expenses, lost work, ruined career or business, etc.
Clear selection
Amount of loss:
Describe your financial loss:
4h.  Did you contest the guardianship/conservatorship?
Clear selection
4i. Were you ever accused of unduly influencing the ward?
Clear selection
4j.  Have you been ordered to not discuss the guardianship/conservatorship with the ward or others by either the guardian or court officials?
If Yes - Please describe circumstances below.
Clear selection
Describe circumstances behind order:
4k.  Were you penalized for questioning guardian's or conservator's actions?
If Yes - Please provide additional details.
Describe how you were penalized:
4l.  Did you try unsuccessfully to get help for ward after guardianship/conservatorship?
If Yes - Identify agencies/organizations below and describe if possible.
Clear selection
Agencies contacted for help after guardianship:
Describe assistance sought after guardianship/conservatorship:
4m.  Did any agencies attempt to help and if so how?
If Yes - Identify agencies/organizations below and describe if possible.
Clear selection
Agencies attempted to help ward:
4n. Have you experienced personal trauma as a result of this guardianship?
If you have experienced trauma, please provide additional details:
Clear selection
Details of personal trauma due to guardianship/conservatorship.
4p. Have you sought therapy or mental health counseling as a result?
Clear selection
4q. Please provide any other comments about your involvement with ward:
Section 5: Guardian/Conservator Information
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
5a. Who was assigned as guardian?
Clear selection
Name of guardian:
5b.  Who selected/recommended this guardian?  
Clear selection
5c.  Has the guardian issued timely and accurate well-being reports to the court and all parties?
If Not - Please describe delays or inaccuracies of reports.
Clear selection
Well-being report issues:
5d. Who was assigned as conservator?
Clear selection
Name of conservator:
5e.  Who selected/recommended this Conservator?  
Clear selection
5f. Has conservator issued timely and proper financial reports to the court and all parties?
If Not - Please describe delays or inaccuracies of reports.
Clear selection
Financial report issues:
5g. Has there been any litigation in probate court after guardianship/ conservatorship enacted?
Clear selection
5h. If litigation occurred, do you feel that the outcome was fair or had otherwise positive results?
Clear selection
5i.  Has there been any change of guardian or conservator for the ward?
If Yes - Please describe.
Clear selection
Change in guardian or conservator:
5j. Please provide any other comments about wards guardian/conservator:
Section 6: Protected Person’s Care and Life
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
6a. Has guardian honored the wishes of the ward?
If No - Please describe below.
Clear selection
Describe how wishes were disregarded:
6b. Was ward moved to a care facility by the guardian?
Clear selection
6c. Was the move against the wishes of the ward?
Clear selection
6d. Describe type of facility:
Clear selection
6e. Was the reason given to place the ward valid?
Please provide additional details if reason for placement not justified or due to fabricated scenario.
Clear selection
Details on unjustified reasons for placement:
6f.  How long after the guardian was appointed was the ward placed in a facility?
6g.  How did the ward feel about the facility after being moved there?
Clear selection
6h. Has the ward received proper medical care?
Clear selection
6i. Has the ward been isolated from specific medical professionals?
Select all that apply:
Describe or list other medical care not provided:
6j. Did the ward deteriorate under guardianship?
Select all that apply:
Describe any additional decline of ward:
6k. Did the guardian cancel or otherwise mismanage medical or dental insurance for the ward?
If Yes - Please describe how.
Clear selection
Describe how insurance was mismanaged:
6l. Has the ward been isolated from any family members or others without due cause?
If Yes - Please indicate how isolated.
Clear selection
Methods of Isolation:
6m. Has the guardian failed to protect the ward from any family or friends with a history of abusive behavior?
Please describe circumstances if possible.
Clear selection
Describe circumstances behind abuse:
6n.  Have there been any any problems with staff or the facility management where the ward lives?
Please include details or describe other issues with staff or the facility:
6o. Has the guardian properly addressed issues with facility or staff?
If No - Please describe.
Clear selection
Facility issues not addressed:
6p.  Have there been any problems with other people?
Please include details of problems:
6q. Has the guardian properly addressed issues?
If No - Please describe.
Clear selection
People issues not addressed:
6r. Is the ward still alive?
Clear selection
6s. If no longer alive, what year did the ward die?
6t.  If no longer alive, did guardianship play a roll in an early death?
If Yes - Please identify how.
Clear selection
Guardianship's roll in an early death:
6u. Was ward placed under hospice by guardian?
Clear selection
6v. Was ward terminally ill when ward entered hospice?
Clear selection
6w. Did hospice inappropriately speed wards death?
Clear selection
6x. Please provide any other comments about wards care and life:
Section 7: Protected Person’s Estate
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
7a. What was the estimated value of the ward's estate when the guardianship/conservatorship was put in place.
7b. Were all the ward's assets included in the guardian's initial inventory?
If No - Describe assets omitted.
Clear selection
Assets omitted from inventory:
7c. How much did probate court costs and legal fees cost the wards estate?
7d. How much has guardian/conservator fees cost the wards estate?
7e. Have the guardian/conservator fees been appropriate for the work performed?
Clear selection
7f.  Did the guardian/conservator use ward's assets to pay for unnecessary expenses or services?
If Yes - Please describe the type of expenses and how much was spent.
Clear selection
Describe unnecessary expenses:
7g. Did the ward have a home that was sold by the guardian/conservator?
If yes, please estimate the property value of the home.
Clear selection
Estimated value of home:
7h. Was the home sold for significantly less than fair market value?
If yes, please estimate amount under value.
Clear selection
Estimate amount of property value loss:
This would be the amount lost by the wards estate due to an undervalued sale.
7i. Did the ward have other property or other assets that were sold by the Guardian/Conservator?
If Yes - Please describe.
Clear selection
Property or assets sold:
Provide additional description of property:
7j. Have the assets and property of the ward been used properly for his/her benefit?
Clear selection
7k.  Are there assets or property of the ward's estate that is unaccounted for?
If Yes - Please describe assets or property.
Clear selection
Assets or property unaccounted for:
7l.  If property and assets of the ward have been taken improperly, please estimate the value.
7m. Have interested parties been kept informed of detailed spending and the annual value of the estate?
Clear selection
7n.  Has ward's estate been depleted so that ward became under state assistance?
Clear selection
7o.  If ward is under state assistance, provide an estimate of the annual cost to the state.
7p. Please provide any other comments about wards estate:
Section 8. Guardianship/Conservator Advocacy
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
8a. Your name:
8b. Your e-mail:
8c. Your phone number:
8d. Your mailing address:
8d. Would you be interested in joining a grass-roots effort to reform the guardianship and conservatorship system?
Clear selection
8e. Would you be willing to talk privately about your experience?
Clear selection
8f. Would you be willing to talk publicly about your experience?
Clear selection
Section 9. Additional Information
-------------------------------------------------------------------------------------------------------------------------------------------------------------------

If you have any additional information or documentation that you would like to provide, or if you have any feedback or suggestions on this survey, you can add additional comments or information below.

If you wish to provide additional updates to your survey inputs, you can do so if you save the current URL for the the survey on your web site browser.

-------------------------------------------------------------------------------------------------------------------------------------------------------------------





Additional comments:
Where did you hear about this survey?
Clear selection
Additional Resources on Guardianship/Conservatorship
The following organization can provide useful information on problems with the guardianship/conservatorship industry.  

National Association to Stop Guardian Abuse (NASGA):

          https://stopguardianabuse.org/


The NASGA web site contains many stories of seniors and their families who have been affected by guardianship abuse.  If you want to share your experience, we encourage you to join NASGA and add your story.  


                                           Copyright  2019-2020 ProbateWatch.org  - All Rights Reserved


Submit
Clear form
Never submit passwords through Google Forms.
This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy
Google Forms