On July 23, 2020 a
Motion-Secondary
was filed
for Guardianship/Conservatorship
in the District Court of Jackson County.
Preview
32-PR-20-28
STATE 0F MINNESOTA DISTRICT COURT
PROBATE DIVISION
JUDICIAL DISTRICT: FIFTH
COUNTY 0F JACKSON
Court File No.
Case Type: l4, Guardianship
In Re: Emergency Guardianship of
Order Appointing Emergency
Mariah Irene Vancura, Guardian (Minor)
Respondent
an
This matter came on for hearing before the district court on a petition seeking emergency
Guardian for the Respondent named above. The matter , having
appointment of an Emergency now makes the
been considered by the Court, and the Court being duly advise
d in the premises
following:
FINDINGS OF FACT
l. The petition is complete.
2. Venue in this county is proper.
3. Notice has been given as required by law.
The Respondent is a minor as Respondent has not yet attained the age of
18 years
4.
5. The Respondent is in need of a guardian to protect Respondent’s person.
because:
6. The minor will likely suffer substantial harm to the minor’s health and safety
a. The Ward’s biological mother, who abandoned Ward seeks to gain
custody and remove the Ward 'om the jurisdiction.
minor.
7. There is no other person with authority and willingness to act for the
to
8. The Guardian is the most suitable and best qualied among those available and willing
discharge the trust and is not exclud
ed om appointment pursuant to Minn. Stat. §
524.5—309(c).
CONCLUSIONS OF LAW
l. The Respondent is a minor.
Schafer should be appointed as the Emergency Guardian of
Mariah Irene
2. Bonnie S.
or safety, and no other person
Vancura to prevent substantial harm to the minor’s health
act.
appears to have authority to
32-PR-20-28
ORDER
NOW, THEREFORE IT IS ORDERED:
1. That Bonnie S. Schafer, is hereby appointed Guardian of Mariah Irene Vancura.
2. That Letters of Emergency Guardianship shall issue to Bonnie S. Schafer, upon the ling
of an Acceptance of Appointment and such letters shall reect the date the guardianship
shall terminate no later than 30 days from the date of this order.
The Guardian shall have the power and duty to: Minn. Stat. §524.5-207
a. Exercise all of the rights and powers on behalf of the Ward under Minn. Stat.
§524.5-207.
Exercise the powers and responsibilities of a parent who has not been deprived of
custody of the minor and unemancipated child, except that a guardian is not
legally obligated to provide from the guardian’s own mds for the Ward; Minn.
Stat. §524.5-207 Subd.l;
Take reasonable care of the Ward’s clothing, furniture, vehicles and other
personal effects; Minn. Stat. §524.5-207 Subd. 2(a);
Receive money payable to, and applied for the benet of, the Ward’s current
support, care, and education needs; Minn. Stat. §524.5-207 subd.2 (b);
Give any necessary consent to enable, or to withhold consent for, the Ward to
receive necessary medical or other professional care, counsel, treatment, and to
facilitate the Ward’s eduction, social, or other activities; Minn. Stat. §524.5-207
subd. 2 (c);
Report the condition of the Ward and the Ward‘s estate upon the Court’s own
motion or on petition of an interested person and by court order; Minn. Stat.
§524.5-524.5-207 subd. 2 (d);
Apply on behalf of the Ward for any assistance, services, or benets available to
the Ward through any unit of government (only given if no conservator is
appointed with this power); Minn. Stat. §524.5-207 subd. 2 (e);
and exercise all other powers, duties, and responsibilities conferred on the Guardian
under applicable law.
32-PR-20-28
4. That the court-appointed attorney for the Ward, is hereby discharged.
Order recommended by:
BY THE COURT
Dated: July , 2020
Judge of District Court
Document Filed Date
July 23, 2020
Case Filing Date
July 23, 2020
Category
Guardianship/Conservatorship
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32-PR-20-28 STATE 0F MINNESOTA DISTRICT COURT PROBATE DIVISION JUDICIAL DISTRICT: FIFTH COUNTY 0F JACKSON Court File No. Case Type: l4, Guardianship In Re: Emergency Guardianship of Order Appointing Emergency Mariah Irene Vancura, Guardian (Minor) Respondent an This matter came on for hearing before the district court on a petition seeking emergency Guardian for the Respondent named above. The matter , having appointment of an Emergency now makes the been considered by the Court, and the Court being duly advise d in the premises following: FINDINGS OF FACT l. The petition is complete. 2. Venue in this county is proper. 3. Notice has been given as required by law. The Respondent is a minor as Respondent has not yet attained the age of 18 years 4. 5. The Respondent is in need of a guardian to protect Respondent’s person. because: 6. The minor will likely suffer substantial harm to the minor’s health and safety a. The Ward’s biological mother, who abandoned Ward seeks to gain custody and remove the Ward 'om the jurisdiction. minor. 7. There is no other person with authority and willingness to act for the to 8. The Guardian is the most suitable and best qualied among those available and willing discharge the trust and is not exclud ed om appointment pursuant to Minn. Stat. § 524.5—309(c). CONCLUSIONS OF LAW l. The Respondent is a minor. Schafer should be appointed as the Emergency Guardian of Mariah Irene 2. Bonnie S. or safety, and no other person Vancura to prevent substantial harm to the minor’s health act. appears to have authority to 32-PR-20-28 ORDER NOW, THEREFORE IT IS ORDERED: 1. That Bonnie S. Schafer, is hereby appointed Guardian of Mariah Irene Vancura. 2. That Letters of Emergency Guardianship shall issue to Bonnie S. Schafer, upon the ling of an Acceptance of Appointment and such letters shall reect the date the guardianship shall terminate no later than 30 days from the date of this order. The Guardian shall have the power and duty to: Minn. Stat. §524.5-207 a. Exercise all of the rights and powers on behalf of the Ward under Minn. Stat. §524.5-207. Exercise the powers and responsibilities of a parent who has not been deprived of custody of the minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian’s own mds for the Ward; Minn. Stat. §524.5-207 Subd.l; Take reasonable care of the Ward’s clothing, furniture, vehicles and other personal effects; Minn. Stat. §524.5-207 Subd. 2(a); Receive money payable to, and applied for the benet of, the Ward’s current support, care, and education needs; Minn. Stat. §524.5-207 subd.2 (b); Give any necessary consent to enable, or to withhold consent for, the Ward to receive necessary medical or other professional care, counsel, treatment, and to facilitate the Ward’s eduction, social, or other activities; Minn. Stat. §524.5-207 subd. 2 (c); Report the condition of the Ward and the Ward‘s estate upon the Court’s own motion or on petition of an interested person and by court order; Minn. Stat. §524.5-524.5-207 subd. 2 (d); Apply on behalf of the Ward for any assistance, services, or benets available to the Ward through any unit of government (only given if no conservator is appointed with this power); Minn. Stat. §524.5-207 subd. 2 (e); and exercise all other powers, duties, and responsibilities conferred on the Guardian under applicable law. 32-PR-20-28 4. That the court-appointed attorney for the Ward, is hereby discharged. Order recommended by: BY THE COURT Dated: July , 2020 Judge of District Court