Preview
32-PR-17-11
32-PR-17-11
Filed in Fifth Judicial District Court
3/16/2017 3:12:58 PM
Jackson County, MN
State of Minnesota District Court
Probate Division
County of Jackson Judicial District: FIFTH
Court File No. 32-PR—17-11
Case Type: 14, Guardianship
In Re: Emergency E Guardianship of Order Appointing
Emergency Conservatorship of Emergency Guardian
Emergency Conservator
VICKY MURPHY-VALLIANT
This matter came on for hearing before the district court on a petition seeking an
emergency appointment 015% a Guardian IX] a Conservator for the Respondent named above.
The matter, having been considered by the Court and the Court being duly advised in the
premises now makes the following:
FINDINGS OF FACT
A petition for appointment of a general guardian for Respondent has been filed, or
will be filed in the immediate future with this court.
Compliance with the procedures for appointment of a general guardian will likely
result in substantial harm to the Respondent’s health, safety, or welfare, and no other
person appears to have the authority and the willingness to act on Respondent’s behalf.
XI Respondent’s needs for health, safety, or welfare are at risk because: (Describe
behavior and circumstances supporting this allegation): Vicky Mumhy—Valliant has
impaired mobility and complex medical conditions that are not adequately managed.
Vicky’s medical conditions have recent required her to be hospitalized and skilled
nursing care. Her current diagnoses are Chronic Obstructive Pulmonary Disease (COPD);
Fibromvalgia. Pulmonary Embolism' Deep gVein Thrombosis (DVT)‘ Chronic KidneV
Disease; Attention Deficient HVDeractiVitV Disorder (ADHD); Bipolar; Chronic Pain; and
Panic Disorder. Vicky has neglected to pay her rent; therefore, causing her landlord to
serve her with eviction papers and initiate an eviction process. Vicky has impaired
memory causing an inability to manage her medications, appointments and finances.
Vicky also has a history of mental health diagnoses which include ADHD; Bipolar; and
Panic Disorder. On March 8 2017, Vicky was admitted to the hospital. Doctors at the
hospital recommended that VickV should be transferred to Mankato, which would be
closer to her current medical providers and they would be able to provide the necessary
medical care to Vicky. Vicky initially refused to ,qo to the hospital. On March 9, 2017,
the doctor again recommended that Vicky should be transferred to Mankato so that she
can get the necessary services from her various medical providers. Vicky again refused.
Doctors believe that Vicky is not in the right state of mind to be at her home. Vicky was
discharged from JMC hospital to a nursing home in Mankato later on March 9 2017. On
March 10, 2017 Vicky was admitted to the ICU at St. J oseph’s Hospital due to her
pilysical condition. She was moved out of the ICU to another ward of the hospital prior
to the hearing however, she remained medically unable to attend the hearing. She is
ready to be discharged to a nursing home within the next day or so. Vicky agrees that she
GAC 18-U State ENG Rev 8/10 www.mncoufls‘gov/forms Page 1 of4
32-PR-17-11
32-PR-17-11
Filed in Fifth Judicial District Court
3/16/2017 3:12:58 PM
Jackson County, MN
needs someone else to make decisions and do the paperwork necessary to keep her
eligible for her funding necessary for her care.
Vickv has requested that her daughter or daughter in law be her Guardian. In consulting
with her family members, theV are willing to serve as her Guardian; however, they
appreciate the option from the County to provide a professional to serve as the
Conservator so that someone with experience can ensure to keep Respondent eligible for
the various financial programs necessarV to provide the medical and housing care that she
needs.
4. A petition for appointment of a general conservator of the estate for Respondent has
been filed, or will be filed in the immediate future with this court.
5. RI Compliance with the procedures for appointment of a general conservator will likely
result in the immediate loss, waste, or dissipation of Respondent’s assets or income
unless management is provided, or money is needed for support, care, education, health,
and welfare of the Respondent or for individuals who are entitled to the support of
Respondent and that protection is necessary or desirable to obtain or provide money, and
no other person appears to have the authority and the willingness to act on Respondent’s
behalf.
6. The Respondent’s needs for health, safety, or welfare are at risk, or the Respondent’s
assets must be immediately preserved, because: (Describe behavior and circumstances
supporting this allegation): Delay’s in medical care due to Respondent’s inability to care
for herself and resistance to necessary care and services contribute to Respondent’s
declining physical state. Respondent has impaired memory which significantly interferes
with her ability to complete the necessary steps to secure adequate funding for the
services she needs. Additionally, it impairs her ability to make sound and reasoned
choice to meet her medical needs.
7. El No alternative less restrictive of civil rights and liberties exists, including the use of
appropriate technological assistance.
8. {E The Court finds that the Guardian is the most suitable and best qualified among those
available and willing to discharge the trust and is not excluded from appointment
pursuant to M.S. § 524.5-309(c) or such Guardian has been approved by prior Order of a
court pursuant to M.S. § 524.5—302(d).
9. E The Court finds that the Conservator is the most suitable and best qualified among
those available and willing to discharge the trust and is not excluded from appointment
pursuant to M.S. § 524.5-413(d).
CONCLUSIONS OF LAW
1. E The Respondent will likely suffer from substantial harm if an emergency guardian is
not appointed.
2. E] The Respondent’s assets
[:1 require an order of this Court need to be preserved;
property is needed for the support of the Respondent or for individuals who
are in fact dependent upon the Respondent for support.
ORDER
NOW, THEREFORE, IT IS ORDERED:
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32-PR-17-11
32-PR-17-11
Filed in Fifth Judicial District Court
3/16/2017 3:12:58 PM
Jackson County, MN
That: E Melissa Conness, is hereby appointed Guardian of Respondent; and
Kerri N agel-Allen, is hereby appointed Conservator 0f Respondent.
That: E letters of Emergency Guardianship shall issue to Melissa Conness ,upon the
filing of an acceptance of appointment; and IE letters of Emergency Conservatorship
shall issue to Kerfl Nagel—Allen ,upon the filing of an acceptance of appointment; and
such letters shall reflect the expiration date for said appointment.
Appointment of powers and duties:
The Guardian shall have the power and duty to:
D Exercise all of the rights and powers on behalf of the Ward under M.S. § 524.5-
313(c) paragraphs 1, 2, 3, 4, 5, 6 and 7.
(If the Guardian isgranted limited powers and duties, specify which powers and duties
are vested in the Guardian by this Order.)
E Have custody of the Ward and establish the place of abode for the Ward within or
without the State, M.S. § 524.5—313(c)(1);
Provide for the Ward’s care, comfort and maintenance needs, M.S. § 524.5-
313(C)(2);
Take reasonable care of the Ward’s clothing, furniture, vehicles and other
personal effects, M.S. § 524.5-313(c)(3);
@ Give any necessary consent to enable, or to withhold consent for, the Ward to
receive necessary medical or other professional care, counsel, treatment or
service, M.S. § 524.5-313(c)(4);
[:1 Approve or withhold approval of any contract, except for necessities, which the
Ward may make or wish to make (only given if no conservator is appointed),
M.S. § 524.5-313(c)(5);
Exercise supervision authority over the Ward, M.S. § 524.5—313(c)(6);
Apply on behalf of the Ward for any assistance, services, or benefits available to
DEE
the Ward through any unit of government, M.S. § 524.5—313(c)(7);
(other) ,
To exercise all other powers, duties and responsibilities conferred on the Guardian
under applicable law.
The Conservator shall have the power and duty to:
D Exercise all of the rights and powers under M.S. § 524.5-417(c) paragraphs 1, 2,
3, 4, 5 and 6.
(If the Conservator is granted limited powers and duties, specify which powers and
duties are vested in the Conservator by this Order.)
K4 Pay reasonable charges for the support, maintenance, and education of the
Protected Person in a manner suitable to the Protected Person's station in life and
the value of the Protected Person’s estate, M.S. § 524.5-417(c)(1);
E Pay out of the Protected Person's estate all lawful debts of the Protected Person,
M.S. § 524.5-417(c)(2);
XE Possess and manage the estate of the Protected Person, collect all debts and claims
in favor of the Protected Person, or with the approval of the court compromise
them, institute suit on behalf of the Protected Person and represent the Protected
Person in court proceedings, and invest pursuant to M.S. § 48A. 07(6) and
GAC 18—U State ENG Rev 8/10 www‘mncourtsgov/forms Page 3 of 4
32-PR-17-11
32-PR-17-11
Filed in Fifth Judicial District Court
3/16/2017 3:12:58 PM
Jackson County, MN
501B.151 all funds not currently needed for debts, charges, and management of
the estate, M.S. § 524.5-417(c)(3);
Exchange or sell an undivided interest in real property, M.S. § 524.5—417 (0X4);
Approve or withhold approval of any contract, except for necessities, which the
Protected Person may make or wish to make, M.S. § 524.5—417(c)(5);
DEfiD
Apply on behalf of the Protected Person for any assistance, services, or benefits
available to the Protected Person through any unit of government, M.S. § 524.5-
417(c)(6); and
(other) ;
To exercise all other powers, duties and responsibilities conferred on the
Conservator under applicable law.
4. The conservator shall file a bond in the amount of $ waived.
5. The appointment under this Order shall terminate:
[:1 60 days after the date of this Order;
fi 90 days after
petition under M.S.
the date of this Order (for appointments made pursuant to a county
§ 626.557, subd. 10.)
6. That the court appointed attorney for the Ward and Protected Person, is hereby
discharged.
March 16, 2017
Date Judge of the District Court
GAC 18~U State ENG Rev 8/10 www.mncourts.gov/forms Page 4 of 4
Preview
32-PR-17-11 32-PR-17-11 Filed in Fifth Judicial District Court 3/16/2017 3:12:58 PM Jackson County, MN State of Minnesota District Court Probate Division County of Jackson Judicial District: FIFTH Court File No. 32-PR—17-11 Case Type: 14, Guardianship In Re: Emergency E Guardianship of Order Appointing Emergency Conservatorship of Emergency Guardian Emergency Conservator VICKY MURPHY-VALLIANT This matter came on for hearing before the district court on a petition seeking an emergency appointment 015% a Guardian IX] a Conservator for the Respondent named above. The matter, having been considered by the Court and the Court being duly advised in the premises now makes the following: FINDINGS OF FACT A petition for appointment of a general guardian for Respondent has been filed, or will be filed in the immediate future with this court. Compliance with the procedures for appointment of a general guardian will likely result in substantial harm to the Respondent’s health, safety, or welfare, and no other person appears to have the authority and the willingness to act on Respondent’s behalf. XI Respondent’s needs for health, safety, or welfare are at risk because: (Describe behavior and circumstances supporting this allegation): Vicky Mumhy—Valliant has impaired mobility and complex medical conditions that are not adequately managed. Vicky’s medical conditions have recent required her to be hospitalized and skilled nursing care. Her current diagnoses are Chronic Obstructive Pulmonary Disease (COPD); Fibromvalgia. Pulmonary Embolism' Deep gVein Thrombosis (DVT)‘ Chronic KidneV Disease; Attention Deficient HVDeractiVitV Disorder (ADHD); Bipolar; Chronic Pain; and Panic Disorder. Vicky has neglected to pay her rent; therefore, causing her landlord to serve her with eviction papers and initiate an eviction process. Vicky has impaired memory causing an inability to manage her medications, appointments and finances. Vicky also has a history of mental health diagnoses which include ADHD; Bipolar; and Panic Disorder. On March 8 2017, Vicky was admitted to the hospital. Doctors at the hospital recommended that VickV should be transferred to Mankato, which would be closer to her current medical providers and they would be able to provide the necessary medical care to Vicky. Vicky initially refused to ,qo to the hospital. On March 9, 2017, the doctor again recommended that Vicky should be transferred to Mankato so that she can get the necessary services from her various medical providers. Vicky again refused. Doctors believe that Vicky is not in the right state of mind to be at her home. Vicky was discharged from JMC hospital to a nursing home in Mankato later on March 9 2017. On March 10, 2017 Vicky was admitted to the ICU at St. J oseph’s Hospital due to her pilysical condition. She was moved out of the ICU to another ward of the hospital prior to the hearing however, she remained medically unable to attend the hearing. She is ready to be discharged to a nursing home within the next day or so. Vicky agrees that she GAC 18-U State ENG Rev 8/10 www.mncoufls‘gov/forms Page 1 of4 32-PR-17-11 32-PR-17-11 Filed in Fifth Judicial District Court 3/16/2017 3:12:58 PM Jackson County, MN needs someone else to make decisions and do the paperwork necessary to keep her eligible for her funding necessary for her care. Vickv has requested that her daughter or daughter in law be her Guardian. In consulting with her family members, theV are willing to serve as her Guardian; however, they appreciate the option from the County to provide a professional to serve as the Conservator so that someone with experience can ensure to keep Respondent eligible for the various financial programs necessarV to provide the medical and housing care that she needs. 4. A petition for appointment of a general conservator of the estate for Respondent has been filed, or will be filed in the immediate future with this court. 5. RI Compliance with the procedures for appointment of a general conservator will likely result in the immediate loss, waste, or dissipation of Respondent’s assets or income unless management is provided, or money is needed for support, care, education, health, and welfare of the Respondent or for individuals who are entitled to the support of Respondent and that protection is necessary or desirable to obtain or provide money, and no other person appears to have the authority and the willingness to act on Respondent’s behalf. 6. The Respondent’s needs for health, safety, or welfare are at risk, or the Respondent’s assets must be immediately preserved, because: (Describe behavior and circumstances supporting this allegation): Delay’s in medical care due to Respondent’s inability to care for herself and resistance to necessary care and services contribute to Respondent’s declining physical state. Respondent has impaired memory which significantly interferes with her ability to complete the necessary steps to secure adequate funding for the services she needs. Additionally, it impairs her ability to make sound and reasoned choice to meet her medical needs. 7. El No alternative less restrictive of civil rights and liberties exists, including the use of appropriate technological assistance. 8. {E The Court finds that the Guardian is the most suitable and best qualified among those available and willing to discharge the trust and is not excluded from appointment pursuant to M.S. § 524.5-309(c) or such Guardian has been approved by prior Order of a court pursuant to M.S. § 524.5—302(d). 9. E The Court finds that the Conservator is the most suitable and best qualified among those available and willing to discharge the trust and is not excluded from appointment pursuant to M.S. § 524.5-413(d). CONCLUSIONS OF LAW 1. E The Respondent will likely suffer from substantial harm if an emergency guardian is not appointed. 2. E] The Respondent’s assets [:1 require an order of this Court need to be preserved; property is needed for the support of the Respondent or for individuals who are in fact dependent upon the Respondent for support. ORDER NOW, THEREFORE, IT IS ORDERED: GAC 18-U State ENG Rev 8/10 www‘mncourtsgov/forms Page 2 of 4 32-PR-17-11 32-PR-17-11 Filed in Fifth Judicial District Court 3/16/2017 3:12:58 PM Jackson County, MN That: E Melissa Conness, is hereby appointed Guardian of Respondent; and Kerri N agel-Allen, is hereby appointed Conservator 0f Respondent. That: E letters of Emergency Guardianship shall issue to Melissa Conness ,upon the filing of an acceptance of appointment; and IE letters of Emergency Conservatorship shall issue to Kerfl Nagel—Allen ,upon the filing of an acceptance of appointment; and such letters shall reflect the expiration date for said appointment. Appointment of powers and duties: The Guardian shall have the power and duty to: D Exercise all of the rights and powers on behalf of the Ward under M.S. § 524.5- 313(c) paragraphs 1, 2, 3, 4, 5, 6 and 7. (If the Guardian isgranted limited powers and duties, specify which powers and duties are vested in the Guardian by this Order.) E Have custody of the Ward and establish the place of abode for the Ward within or without the State, M.S. § 524.5—313(c)(1); Provide for the Ward’s care, comfort and maintenance needs, M.S. § 524.5- 313(C)(2); Take reasonable care of the Ward’s clothing, furniture, vehicles and other personal effects, M.S. § 524.5-313(c)(3); @ Give any necessary consent to enable, or to withhold consent for, the Ward to receive necessary medical or other professional care, counsel, treatment or service, M.S. § 524.5-313(c)(4); [:1 Approve or withhold approval of any contract, except for necessities, which the Ward may make or wish to make (only given if no conservator is appointed), M.S. § 524.5-313(c)(5); Exercise supervision authority over the Ward, M.S. § 524.5—313(c)(6); Apply on behalf of the Ward for any assistance, services, or benefits available to DEE the Ward through any unit of government, M.S. § 524.5—313(c)(7); (other) , To exercise all other powers, duties and responsibilities conferred on the Guardian under applicable law. The Conservator shall have the power and duty to: D Exercise all of the rights and powers under M.S. § 524.5-417(c) paragraphs 1, 2, 3, 4, 5 and 6. (If the Conservator is granted limited powers and duties, specify which powers and duties are vested in the Conservator by this Order.) K4 Pay reasonable charges for the support, maintenance, and education of the Protected Person in a manner suitable to the Protected Person's station in life and the value of the Protected Person’s estate, M.S. § 524.5-417(c)(1); E Pay out of the Protected Person's estate all lawful debts of the Protected Person, M.S. § 524.5-417(c)(2); XE Possess and manage the estate of the Protected Person, collect all debts and claims in favor of the Protected Person, or with the approval of the court compromise them, institute suit on behalf of the Protected Person and represent the Protected Person in court proceedings, and invest pursuant to M.S. § 48A. 07(6) and GAC 18—U State ENG Rev 8/10 www‘mncourtsgov/forms Page 3 of 4 32-PR-17-11 32-PR-17-11 Filed in Fifth Judicial District Court 3/16/2017 3:12:58 PM Jackson County, MN 501B.151 all funds not currently needed for debts, charges, and management of the estate, M.S. § 524.5-417(c)(3); Exchange or sell an undivided interest in real property, M.S. § 524.5—417 (0X4); Approve or withhold approval of any contract, except for necessities, which the Protected Person may make or wish to make, M.S. § 524.5—417(c)(5); DEfiD Apply on behalf of the Protected Person for any assistance, services, or benefits available to the Protected Person through any unit of government, M.S. § 524.5- 417(c)(6); and (other) ; To exercise all other powers, duties and responsibilities conferred on the Conservator under applicable law. 4. The conservator shall file a bond in the amount of $ waived. 5. The appointment under this Order shall terminate: [:1 60 days after the date of this Order; fi 90 days after petition under M.S. the date of this Order (for appointments made pursuant to a county § 626.557, subd. 10.) 6. That the court appointed attorney for the Ward and Protected Person, is hereby discharged. March 16, 2017 Date Judge of the District Court GAC 18~U State ENG Rev 8/10 www.mncourts.gov/forms Page 4 of 4