Preview
32-PR-17-11
32-PR-17-11
State of Minnesota District Court
Probate Division
County of Jackson Judicial District: FIFTH
Court File No. 32-PR— I 7—
Case Type: 14, Guardianship
In Re: Emergency [2' Guardianship of Order Appointing
|:I 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 of [XI a Guardian [3 a Conservator for the Respondent named above.
The matter, having been considered by the Court and thc Court being duly advised in the
premises now makes the following:
FINDINGS OF FACT
1. A petition for appointment of a general guardian for Respondent has been filad, or
will be filed in the immediate future with this court.
2. 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.
3. RI Respondent’s needs for health, safety, or welfare are at risk because: (Describe
behavior and circumstances supporting this allegation): Vicky Murghy-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);
F ibromvalgia Pulmonary Embolism; Deep ;Vein Thrombosis (DVT); Chronic Kidney
Disease; Attention Deficient Hyperactivitv 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 Vicky 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 has refused to 20 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.
4. E! 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. E] 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,
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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. D 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):
7. X! No alternative less restrictive of civil rights and liberties exists, including the use of
appropriate technological assistance.
8. IX! 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 MS. § 524.5-302(d).
9. I: 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 MS. § 524.5-413(d).
CONCLUSIONS OF LAW
1. IE The Respondent will likely suffer from substantial harm if an emergency guardian is
not appointed.
2. [:I The Respondent’s assets
E] require an order of this Court need to be preserved;
D 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:
I. That: [XI Kerry Nagel- Allen, is hereby appointed Guardian of Respondent; and El
,is hereby appointed Conservator of Respondent.
2. That: letters of Emergency Guardianship shall issue to Kerfl Nagel-Allen, upon
the filing of an acceptance of appointment; and El letters of Emergency Conservatorship
shall issue to , upon the filing of an acceptance of
appointment; and such letters shall reflect the expiration date for said appointment.
3. Appointment of powers and duties:
The Guardian shall have the power and dutv to:
IE 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 is granted limited powers and duties, specify which powers and duties
are vested in the Guardian by this Order.)
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Have custody of the Ward and establish the place of abode for the Ward within 01~
Without the State, M.S. § 524.5—313(c)(1);
DUDE}
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, fumiture, 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 01‘
service, M.S. § 524.5-3I3(c)(4);
El 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);
EDD
Apply on behalf of the Ward for any assistance, services, or benefits available to
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 dutv to:
E! 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.)
1:] 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);
D Pay out of the Protected Person's estate all lawful debts of the Protected Person,
M.S. § 524.5-417(c)(2);
[:1 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 coun 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
5018.151 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 (c)(4);
BED
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);
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
D (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 15
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5. The appointment under this Order shall terminate:
El 60 days after the date of this Order;
[:l 90 days after the date of this Order (for appointments made pursuant to a county
petition under M.S. § 626.557, subd. 10.)
6. That the court appointed attorney for the Ward and Protected Person, is hereby
discharged.
Date Judge of the District Court
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Preview
32-PR-17-11 32-PR-17-11 State of Minnesota District Court Probate Division County of Jackson Judicial District: FIFTH Court File No. 32-PR— I 7— Case Type: 14, Guardianship In Re: Emergency [2' Guardianship of Order Appointing |:I 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 of [XI a Guardian [3 a Conservator for the Respondent named above. The matter, having been considered by the Court and thc Court being duly advised in the premises now makes the following: FINDINGS OF FACT 1. A petition for appointment of a general guardian for Respondent has been filad, or will be filed in the immediate future with this court. 2. 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. 3. RI Respondent’s needs for health, safety, or welfare are at risk because: (Describe behavior and circumstances supporting this allegation): Vicky Murghy-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); F ibromvalgia Pulmonary Embolism; Deep ;Vein Thrombosis (DVT); Chronic Kidney Disease; Attention Deficient Hyperactivitv 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 Vicky 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 has refused to 20 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. 4. E! 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. E] 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, GAC 18—U State ENG Rev 8/10 www.mncourls.gov/forms Page 1 of4 32-PR-17-11 32-PR-17-11 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. D 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): 7. X! No alternative less restrictive of civil rights and liberties exists, including the use of appropriate technological assistance. 8. IX! 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 MS. § 524.5-302(d). 9. I: 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 MS. § 524.5-413(d). CONCLUSIONS OF LAW 1. IE The Respondent will likely suffer from substantial harm if an emergency guardian is not appointed. 2. [:I The Respondent’s assets E] require an order of this Court need to be preserved; D 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: I. That: [XI Kerry Nagel- Allen, is hereby appointed Guardian of Respondent; and El ,is hereby appointed Conservator of Respondent. 2. That: letters of Emergency Guardianship shall issue to Kerfl Nagel-Allen, upon the filing of an acceptance of appointment; and El letters of Emergency Conservatorship shall issue to , upon the filing of an acceptance of appointment; and such letters shall reflect the expiration date for said appointment. 3. Appointment of powers and duties: The Guardian shall have the power and dutv to: IE 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 is granted limited powers and duties, specify which powers and duties are vested in the Guardian by this Order.) GAC 18—U State ENG Rev 8/10 www.mncourts.govlforms Page 2 of4 32-PR-17-11 32-PR-17-11 Have custody of the Ward and establish the place of abode for the Ward within 01~ Without the State, M.S. § 524.5—313(c)(1); DUDE} 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, fumiture, 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 01‘ service, M.S. § 524.5-3I3(c)(4); El 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); EDD Apply on behalf of the Ward for any assistance, services, or benefits available to 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 dutv to: E! 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.) 1:] 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); D Pay out of the Protected Person's estate all lawful debts of the Protected Person, M.S. § 524.5-417(c)(2); [:1 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 coun 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 5018.151 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 (c)(4); BED 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); 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 D (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 15 GAC 18-U State ENG Rev 8/10 www‘mncour‘tsgov/forms Page 3 of4 32-PR-17-11 32-PR-17-11 5. The appointment under this Order shall terminate: El 60 days after the date of this Order; [:l 90 days after the date of this Order (for appointments made pursuant to a county petition under M.S. § 626.557, subd. 10.) 6. That the court appointed attorney for the Ward and Protected Person, is hereby discharged. Date Judge of the District Court GAC 18—U State ENG Rev 8/10 www.mncourtsgov/forms Page 4 of4