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85-PR-22-1767
Filed in District Court
State of Minnesota
1/17/2023 4:06 PM
STATE OF MINNESOTA DISTRICT COURT
THIRD J UDICIAL DISTRICT
COUNTY OF WINONA PROBATE DIVISION
FILE No, 85-PR-22-1767
In the Matter of the guardianship of
Addison Adams,
NOTICE OF FILING OF ORDER
Respondent.
PLEASE TAKE NOTICE that
on J anuary 13, 2023, an Order was issued and filed
in this proceeding. A copy of the Order is attached to this notice and is now served upon
you.
This notice is given pursuantto the Minnesota Rules of Civil Procedure and the
Minnesota Rules of Civil Appellate Procedure and your time to appeal or otherwise seek
relief from said Order is now limited.
JONES LAW FIRM
By /s/ David J . | ones
David J.J ones
Attorney Reg. No. 223268
Attorneys for Respondent
PO Box 7014
Rochester MN 55903-7014
Telephone: (507) 289-4000
| ones.david@ joneslawfirm.net
Electronically Served 85-PR-22-1767
1/13/2023 4:34 PM Filed in Distfitet @ostritt Court
Minnesota
Winona County, MN State of Mini
3 4:06 PM
January 13,
State of Minnesota District Court
County of Winona Third Judicial District
Court File No. 85-PR-22-1767
In re the Guardianship of: Findings of Fact,
Conclusions of Law,
Addison Adams,
Order for Guardianship
Respondent.
The above-entitled matter came before District Court Judge Nancy L. Buytendorp on
January 13, 2023, for hearing on the petition of Andrea Morrison, Winona County Health and
Human Services to appoint Thomas Adams as the guardian of Addison Adams. Respondent
Addison Adams appeared and was represented by attorney David Jones. Also present were
Andrea Morrison, Winona County Health and Human Services and Paul R. Ellison, Assistant
Winona County Attorney. The hearing was conducted by Zoom.
The Court, being duly advised, and upon the evidence adduced at the hearing, the
petition, and all proceedings herein, now makes the following:
FINDINGS OF FACT
The petitioner Andrea Morrison is interested in this matter as Respondent’s case manager
from Winona County Health and Human Services.
Respondent is 63 years old, having been born on April 18, 1959.
Respondent currently resides at an assisted living in Lewiston, MN.
Winona County is the appropriate venue for this proceeding.
Respondent’s nearest kindred are listed in the petition.
35-PR-22-1767
Filed in District Court
State of Minnesota
1/17/2023 4:06 PM
6. Respondent did not oppose the appointment of Thomas Adams as guardian. Thomas Adams
is Respondent’s brother and has been serving as the emergency guardian in this court file
since early October of 2022.
The Court considered the documents in the record, including the petition and visitor’s report,
in making the findings and conclusions in this Order.
Respondent lacks sufficient understanding or capacity to make responsible decisions
regarding his person, and is unable to meet his personal needs for medical care, nutrition,
clothing, shelter and safety, even with appropriate technological and supported decision
making assistance:
a. Respondent suffered a stroke on September 18, 2022. After spending time ina
hospital setting, Respondent was discharged to an assisted living. Due to his level of
need, Respondent is unable to return to his independent apartment he previously
resided in. Respondent continues to require assistance with personal needs, medical
appointments, and medication administration.
Initially after the stroke, Respondent was unable to speak. Respondent has regained
some ability to speak, but still has difficulties in communicating with others.
The ability of Respondent to understand written communications is unclear.
Respondent has a pending case for driving under the influence for an incident
occurring four days prior to Respondent’s stroke. Respondent does not appear to fully
understand the upcoming court proceedings in the criminal file.
In addition to the stroke, Respondent has multiple physical health diagnoses that
require appropriate medical care including heart disease. As noted above, Respondent
85-PR-22-1767
Filed in District Court
State of Minnesota
1/17/2023 4:06 PM
continues to require assistance with medical appointments and medical needs.
Respondent struggles to understand what medical appointments are for.
No less restrictive alternative to guardianship exists. Respondent’s medical condition is a
condition that will not resolve quickly. Respondent continues to require support and
assistance.
10. The appointment of Thomas Adams as the guardian of the person is in Respondent’s best
interest to protect and supervise his person.
11 Thomas Adams is willing and able to serve as the guardian of the person of Addison Adams
Thomas Adams has served as the emergency guardian. In conversation with Winona County
Health and Human Services, Thomas Adams expressed his willingness to continue assisting
Respondent.
12 Respondent is not a patient of a State Hospital for the mentally ill or a developmentally
delayed person or dependent or neglected ward of the Commissioner of Human Services, or
under the temporary custody of the Commissioner of Human Services.
13 Thomas Adams is the most suitable and best qualified among those available and willing to
discharge the trust and is not excluded from appointment pursuant to Minn. Stat. 524.5-
309(c).
CONCLUSIONS OF LAW
Addison Adams is an incapacitated person within the meaning of Minn. Stat. § 524.5-102,
Subd. 6.
Respondent’s identified needs cannot be met by less restrictive means.
A guardian should be appointed for Respondent. The appointment of a guardian is in
Respondent’s best interest.
85-PR-22-1767
Filed in District Court
State of Minnesota
1/17/2023 4:06 PM
NOW, THEREFORE, IT IS ORDERED:
1 Thomas Adams is hereby appointed as Guardian of the Person of Respondent Addison
Adams with all the powers and duties as set forth in Minn. Stat. § 524.5-313(c).
Letters of Guardianship shall issue to Thomas Adams, 7758 Jeffery Blvd., Chicago, IL
60649.
David Jones is discharged as the court appointed attorney for Addison Adams in this matter.
By the Court:
01/13/2023 01:32:21 PM
CES
Nancy L. Buytendorp
Judge of District Court
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85-PR-22-1767 Filed in District Court State of Minnesota 1/17/2023 4:06 PM STATE OF MINNESOTA DISTRICT COURT THIRD J UDICIAL DISTRICT COUNTY OF WINONA PROBATE DIVISION FILE No, 85-PR-22-1767 In the Matter of the guardianship of Addison Adams, NOTICE OF FILING OF ORDER Respondent. PLEASE TAKE NOTICE that on J anuary 13, 2023, an Order was issued and filed in this proceeding. A copy of the Order is attached to this notice and is now served upon you. This notice is given pursuantto the Minnesota Rules of Civil Procedure and the Minnesota Rules of Civil Appellate Procedure and your time to appeal or otherwise seek relief from said Order is now limited. JONES LAW FIRM By /s/ David J . | ones David J.J ones Attorney Reg. No. 223268 Attorneys for Respondent PO Box 7014 Rochester MN 55903-7014 Telephone: (507) 289-4000 | ones.david@ joneslawfirm.net Electronically Served 85-PR-22-1767 1/13/2023 4:34 PM Filed in Distfitet @ostritt Court Minnesota Winona County, MN State of Mini 3 4:06 PM January 13, State of Minnesota District Court County of Winona Third Judicial District Court File No. 85-PR-22-1767 In re the Guardianship of: Findings of Fact, Conclusions of Law, Addison Adams, Order for Guardianship Respondent. The above-entitled matter came before District Court Judge Nancy L. Buytendorp on January 13, 2023, for hearing on the petition of Andrea Morrison, Winona County Health and Human Services to appoint Thomas Adams as the guardian of Addison Adams. Respondent Addison Adams appeared and was represented by attorney David Jones. Also present were Andrea Morrison, Winona County Health and Human Services and Paul R. Ellison, Assistant Winona County Attorney. The hearing was conducted by Zoom. The Court, being duly advised, and upon the evidence adduced at the hearing, the petition, and all proceedings herein, now makes the following: FINDINGS OF FACT The petitioner Andrea Morrison is interested in this matter as Respondent’s case manager from Winona County Health and Human Services. Respondent is 63 years old, having been born on April 18, 1959. Respondent currently resides at an assisted living in Lewiston, MN. Winona County is the appropriate venue for this proceeding. Respondent’s nearest kindred are listed in the petition. 35-PR-22-1767 Filed in District Court State of Minnesota 1/17/2023 4:06 PM 6. Respondent did not oppose the appointment of Thomas Adams as guardian. Thomas Adams is Respondent’s brother and has been serving as the emergency guardian in this court file since early October of 2022. The Court considered the documents in the record, including the petition and visitor’s report, in making the findings and conclusions in this Order. Respondent lacks sufficient understanding or capacity to make responsible decisions regarding his person, and is unable to meet his personal needs for medical care, nutrition, clothing, shelter and safety, even with appropriate technological and supported decision making assistance: a. Respondent suffered a stroke on September 18, 2022. After spending time ina hospital setting, Respondent was discharged to an assisted living. Due to his level of need, Respondent is unable to return to his independent apartment he previously resided in. Respondent continues to require assistance with personal needs, medical appointments, and medication administration. Initially after the stroke, Respondent was unable to speak. Respondent has regained some ability to speak, but still has difficulties in communicating with others. The ability of Respondent to understand written communications is unclear. Respondent has a pending case for driving under the influence for an incident occurring four days prior to Respondent’s stroke. Respondent does not appear to fully understand the upcoming court proceedings in the criminal file. In addition to the stroke, Respondent has multiple physical health diagnoses that require appropriate medical care including heart disease. As noted above, Respondent 85-PR-22-1767 Filed in District Court State of Minnesota 1/17/2023 4:06 PM continues to require assistance with medical appointments and medical needs. Respondent struggles to understand what medical appointments are for. No less restrictive alternative to guardianship exists. Respondent’s medical condition is a condition that will not resolve quickly. Respondent continues to require support and assistance. 10. The appointment of Thomas Adams as the guardian of the person is in Respondent’s best interest to protect and supervise his person. 11 Thomas Adams is willing and able to serve as the guardian of the person of Addison Adams Thomas Adams has served as the emergency guardian. In conversation with Winona County Health and Human Services, Thomas Adams expressed his willingness to continue assisting Respondent. 12 Respondent is not a patient of a State Hospital for the mentally ill or a developmentally delayed person or dependent or neglected ward of the Commissioner of Human Services, or under the temporary custody of the Commissioner of Human Services. 13 Thomas Adams is the most suitable and best qualified among those available and willing to discharge the trust and is not excluded from appointment pursuant to Minn. Stat. 524.5- 309(c). CONCLUSIONS OF LAW Addison Adams is an incapacitated person within the meaning of Minn. Stat. § 524.5-102, Subd. 6. Respondent’s identified needs cannot be met by less restrictive means. A guardian should be appointed for Respondent. The appointment of a guardian is in Respondent’s best interest. 85-PR-22-1767 Filed in District Court State of Minnesota 1/17/2023 4:06 PM NOW, THEREFORE, IT IS ORDERED: 1 Thomas Adams is hereby appointed as Guardian of the Person of Respondent Addison Adams with all the powers and duties as set forth in Minn. Stat. § 524.5-313(c). Letters of Guardianship shall issue to Thomas Adams, 7758 Jeffery Blvd., Chicago, IL 60649. David Jones is discharged as the court appointed attorney for Addison Adams in this matter. By the Court: 01/13/2023 01:32:21 PM CES Nancy L. Buytendorp Judge of District Court