Preview
25-PR-22-1079
State of Minnesota District Court
Probate Division
County of Goodhue Judicial District: First
Court File No. 25-PR-22-1079
Case Type: Guardianship/Conservatorship
In Re: Guardianship Order Appointing:
Conservatorship of
Guardian
Tina Marie Heise Conservator
This matter came on for hearing before the district court on September 9, 2022 on a
petition seeking appointment of a Guardian Conservator for the Respondent named above.
Petitioner appeared personally with the Petitioner’s attorney, Margaret M. Cook. The
Respondent appeared personally with Respondent’s attorney, Larry Johnson. The matter, having
been considered by the Court, and the Court being duly advised in the premises now makes the
following:
FINDINGS OF FACT
1) FINDING OF INCAPACITY:
Guardianship: (i) The Respondent is incapacitated with regard to the person because
Respondent is impaired to the extent of lacking sufficient understanding or capacity to
make or communicate responsible decisions concerning Respondent’s personal needs for
medical care, nutrition, clothing, shelter or safety. The Respondent’s inability is reflected
by the following facts:
In January 2022, the Respondent is believed to have had COVID-19. In February she
started to feel very sick and was unable to do much of anything. Respondent began to
lose her memory and started to shake excessively. Since this time the Respondent has
been in and out emergency rooms in Goodhue and Olmsted Counties. She has been given
a clean bill of health but it was suggested she undergo intensive therapy and see a
neurologist but Respondent has repeatedly refused.
On May 29, 2022, the Respondent was brought into Gunderson Health System in La
Crosse, Wisconsin by the Caledonia, Minnesota ambulance. The Respondent was found
running in the woods and believed people were trying to kill her. She was psychotic and
paranoid.
The Respondent was committed in La Crosse County, Wisconsin and moved to facility in
Walworth, Wisconsin. She was discharged shortly after entering and allowed to return
home. Since returning home Respondent has had numerous doctor appointments to
determine if something else is wrong with her or what is causing her behavior. Doctors
have been able to find anything wrong except the presence of alcohol and TNC.
Order Appointing Guardian/Conservator
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and (ii) the Respondent has demonstrated behavioral deficits evidencing inability to meet
Respondent’s needs for medical care, nutrition, safety and shelter. The Respondent’s
inability is reflected by the following facts:
The Respondent is unable to have a rationale conversation. She does not know how to be
silent in her own thoughts, and is constantly talking, planning, and worrying. The
Respondent is refusing to take any of her court ordered medication. The Respondent is
physically weaker and recently picked up a wheelchair use. She is convinced she is dying
and needs 24 hour care. She had Mark (her husband) go pick up someone she met in
treatment, take them to Iowa to come home again. Respondent gets very little sleep, and
doesn’t want to be alone.
While Respondent’s condition continues to improve, Respondent desires to have a limited
guardian to assist her with her healthcare needs, treatment, and any benefits she may be
eligible for. Respondent finds these areas to be extremely stressful and desires assistance
in making these types of decisions.
Conservatorship: (i) The Respondent is unable to manage property and business affairs
because of an impairment in the ability to receive and evaluate information or make
decisions, even with the use of appropriate technological assistance. The Respondent’s
inability is reflected by the following facts:
2) No appropriate alternative to guardianship exists that is less restrictive of
Respondent's civil rights and liberties including, but not limited to, the use of appropriate
technological assistance, supported decision making, community or residential services,
or appointment of a health care agent under Minn. Stat. § 145C.01, subd. 2. The
Respondent’s identified needs cannot be met by less restrictive means is reflected by the
following facts: Respondent has a health care directive naming Security Fiduciary
Services, Inc. as her health care agent. However, this has been insufficient in ensuring
Respondent’s care and safety. Respondent recently took off from the state and is refusing
to take her prescribed medications. Respondent continues to put herself into risky
situations, making a guardianship appropriate.
3) No appropriate alternative to conservatorship exists that is less restrictive of
Respondent's civil rights and liberties including, but not limited to, the use of appropriate
technological assistance, supported decision making, the use of a representative payee,
trusts, banking or bill-paying assistance, appointment of an attorney-in-fact under Minn.
Stat. § 523.01, or a protective arrangement under Minn. Stat. § 524.5-412. The
Respondent’s identified needs cannot be met by less restrictive means is reflected by the
following facts:
4) The Respondent is incapable of exercising the following rights and powers:
All of the rights and powers under Minn. Stat. § 524.5-313(c)
Order Appointing Guardian/Conservator
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All of the rights and powers under Minn. Stat. § 524.5-417(c)
A limited guardianship or conservatorship is not appropriate because
________________________________________________________________________
________________________________________________________________________
(If the Respondent is capable of performing some but not all powers and duties,
specify which powers and duties CANNOT be performed by the Respondent.)
To establish the place of abode within or without the State;
To provide for the Respondent’s care, comfort and maintenance needs;
To take reasonable care of the Respondent’s clothing, furniture, vehicles and
other personal effects;
To give any necessary consent to enable, or to withhold consent for, the necessary
medical or other professional care, counsel, treatment or service;
Exercise supervisory authority over the Respondent;
To pay reasonable charges for the support, maintenance, and education of the
Respondent in a manner suitable to the Respondent's station in life and the value
of Respondent’s estate;
To pay out of the Respondent's estate all just and lawful debts of the Respondent;
To possess and manage the estate of the Respondent, collect all debts and claims
in favor of the Respondent, or to compromise them, institute suit on behalf of the
Respondent, or invest Respondent’s assets not currently needed for debts,
charges, and management of the estate;
Exchange or sell an undivided interest in real property;
To approve or withhold approval of any contract, except for necessities, which the
Respondent may make or wish to make; and
To apply on behalf of the Respondent for any assistance, services, or benefits
available to the Respondent through any unit of government;
To establish an Achieving a Better Life Experience Act of 2014 account under
section 529A of the Internal Revenue Code (known as an ABLE account);
To commence legal proceedings on behalf of and represent the person subject to
guardianship in all civil proceedings (only given if no conservator is appointed);
(other) _________________________________________________________
_______________________________________________________________.
4) The Respondent is ( not) a patient of a State Hospital for persons with mental illness or
a person with developmental disabilities or dependent or neglected ward of the
Order Appointing Guardian/Conservator
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Commissioner of Human Services, or under the temporary custody of the Commissioner
of Human Services.
5) The Respondent is in need of a
guardian to protect Respondent’s person,
conservator to protect Respondent’s estate.
6) a. The Respondent appears to understand the nature and effect of voting and
maintains the right to vote.
b. The Respondent does not appear to understand the nature and effect of voting
and Respondent’s right to vote is revoked. The basis for this is as follows:
7) The Court finds that the:
a. 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
Minn. Stat. § 524.5-309(c) or such Guardian has been approved by prior Order of a
court pursuant to Minn. Stat. § 524.5-302(d);
b. 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
Minn. Stat. § 524.5-413(d).
8) The Parties agreed on the record that Security Fiduciary Services, Inc. and Mark Heise
shall serve a Co-Limited Guardians of Tina Marie Heise.
CONCLUSIONS OF LAW
1) The Respondent is an incapacitated person whose needs cannot be met by less restrictive
means.
2) The following should be appointed:
A Guardian of Tina Marie Heise;
A Conservator of Tina Marie Heise.
ORDER
NOW, THEREFORE, IT IS ORDERED:
1) That: Security Fiduciary Services, Inc. and Mark Heise, are hereby appointed as Co-
Guardians of Tina Marie Heise;
___________________________, is hereby appointed Conservator of Tina
Marie Heise.
Order Appointing Guardian/Conservator
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2) That: letters of Guardianship shall issue to Security Fiduciary Services, Inc.
and Mark Heise upon the filing of an acceptance of appointment and such letters
shall reflect that the Guardian is appointed by the Court.
letters of Conservatorship shall issue to
________________________________. upon the filing of an acceptance of
appointment.
3) Appointment of powers and duties:
The Guardian shall have the power and duty to:
Exercise all of the rights and powers on behalf of Tina Marie Heise under Minn.
Stat. § 524.5-313(c) paragraphs 1, 2, 3, 4, 5, 6, 7, 9 and 10. A limited guardianship
is not appropriate because __________________________________________.
(If the Guardian is granted limited powers and duties, specify which powers and duties
are vested in the Guardian by this Order.)
Have custody of the person subject to guardianship and establish the place of
abode for the person subject to guardianship within or without the State, Minn.
Stat. § 524.5-313(c)(1);
Provide for the care, comfort and maintenance needs of the person subject to
guardianship, Minn. Stat. § 524.5-313(c)(2);
Take reasonable care of the clothing, furniture, vehicles and other personal effects
of the person subject to guardianship, Minn. Stat. § 524.5-313(c)(3);
Give any necessary consent to enable, or to withhold consent for, the person
subject to guardianship to receive necessary medical or other professional care,
counsel, treatment or service, Minn. Stat. § 524.5-313(c)(4);
Approve or withhold approval of any contract, except for necessities, which the
person subject to guardianship may make or wish to make (only given if no
conservator is appointed), Minn. Stat. § 524.5-313(c)(5);
Exercise supervision authority over the person subject to guardianship, but may
not restrict the ability of the person subject to guardianship to visit, or interact
with others, including receiving visitors or making or receiving telephone calls,
personal mail, or electronic communications including through social media, or
participating in social activities, unless good cause is shown by the guardian that
the restriction is necessary due to risk of significant physical, psychological, or
financial harm to the person subject to guardianship and there is no other means to
avoid such significant harm, Minn. Stat. § 524.5-313(c)(6);
Apply on behalf of the person subject to guardianship for any assistance, services,
or benefits available to the person subject to guardianship through any unit of
government, Minn. Stat. § 524.5-313(c)(7);
Order Appointing Guardian/Conservator
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Establish an Achieving a Better Life Experience Act of 2014 account under
section 529A of the Internal Revenue Code (known as an ABLE account) for the
person subject to guardianship, Minn. Stat. § 524.5-313(c)(9);
Commence legal proceedings on behalf of and represent the person subject to
guardianship in all civil court proceedings (only given if no conservator is
appointed), Minn. Stat. § 524.5-313(c)(10);
(other) _________________________________________________________
_______________________________________________________________.
and to exercise all other powers, duties and responsibilities conferred on the
Guardian under applicable law.
The Conservator shall have the power and duty to:
Exercise all of the rights and powers under Minn. Stat. § 524.5-417(c) paragraphs
1, 2, 3, 4, 5, 6 and 7. A limited conservatorship is not appropriate because
_________________________________________________________________.
(If the Conservator is granted limited powers and duties, specify which powers and
duties are vested in the Conservator by this Order.)
Pay reasonable charges for the support, maintenance, and education of the person
subject to conservatorship in a manner suitable to their station in life and the value
of their estate, Minn. Stat. § 524.5-417(c)(1);
Pay out of the estate of the person subject to conservatorship all lawful debts of
the person subject to conservatorship, Minn. Stat. § 524.5-417(c)(2);
Possess and manage the estate of the person subject to conservator, collect all
debts and claims in favor of the person subject to conservatorship, or with the
approval of the court compromise them, institute suit on behalf of and represent
the person subject to conservatorship in all civil court proceedings, and invest all
funds not currently needed for debts, charges and management of the estate in
accordance with the provisions of sections 48A.07, subd. 6, 501C.0901, and
524.5-423, or as otherwise as ordered by the court, Minn. Stat. § 524.5-417(c)(3);
Exchange or sell an undivided interest in real property, Minn. Stat. § 524.5-
417(c)(4);
Approve or withhold approval of any contract, except for necessities, which the
person subject to conservatorship may make or wish to make, Minn. Stat. § 524.5-
417(c)(5);
Apply on behalf of the person subject to conservatorship for any assistance,
services, or benefits available to the person subject to conservatorship through any
unit of government, Minn. Stat. § 524.5-417(c)(6);
Order Appointing Guardian/Conservator
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Establish and exercise all powers over an Achieving a Better Life Experience Act
of 2014 account under section 529A of the Internal Revenue Code (known as an
ABLE account) for the person subject to conservatorship, Minn. Stat. § 524.5-
417(c)(7);
(other) _________________________________________________________
_______________________________________________________________;
and 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 $___________________________.
5) Guardianship of a person under 30 years of age is of limited duration and must not
exceed a period of 72 months. The guardianship is limited to a term of (insert years /
months).
6) Any wages and salary earned by the person subject to conservatorship through
employment shall shall not be a part of the conservatorship estate. Minn. Stat. §
524.5-417(g).
7) That the court appointed attorney for the person subject to guardianship or
conservatorship, is hereby discharged.
8) That the person subject to guardianship’s right to vote is retained revoked until
further order of the court.
Biren, Patrick
Order Recommended by: 2022.09.16
13:36:18 -05'00'
_____________________________ ________________________________
Referee of District Court Date Judge of the District Court Date
Order Appointing Guardian/Conservator
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