Preview
25-PR-22-1079
State of Minnesota District Court
Probate Division
County of Goodue Judicial District: First
Court File No. ___________________
Case Type: Guardianship / Conservatorship
In Re: Emergency Guardianship of Ex Parte Order Appointing
Conservatorship of Emergency Guardian
Emergency Conservator
Tina Marie Heise
This matter came on for hearing before the district court on a petition seeking an
emergency appointment of a Guardian 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
1. A petition for appointment of a general guardian for Respondent has been filed, 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. Respondent’s needs for health, safety, or welfare are at risk because: (Describe
behavior and circumstances supporting this allegation):
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 is not eating and is unable to rationally speak with anyone. Since
entering the hospital, Respondent’s husband has been unable to communicate
with any doctors or hospital staff regarding the Respondent’s condition. The
hospital has also refused to accept the Respondent’s health care directive, so the
Petitioner has been able to have little contact with hospital personnel.
Order Appointing Emergency Guardian/Conservator
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25-PR-22-1079
There is a pending Civil Commitment Case in La Crosse County Wisconsin. A
second hearing is expected to be scheduled later this week. If Respondent does
not cooperate it is likely she will be moved to a facility in Walworth, Wisconsin
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. 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):
The Respondent’s assets need to be immediately preserved because she recently tried to
empty her HSA Account. Respondent lost her driver’s license and no bank would cash the
check. She also told a 19-year old at Gunderson Health System she would give them
$10,000.00.
7. No alternative less restrictive of civil rights and liberties exists, including the use of
appropriate technological assistance.
8. 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 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).
9. 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 Minn. Stat. § 524.5-413(d).
CONCLUSIONS OF LAW
1. The Respondent will likely suffer from substantial harm if an emergency guardian is
not appointed.
2. The Respondent’s assets
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:
1. That: Security Fiduciary Services, Inc. is hereby appointed Guardian of Respondent;
and Security Fiduciary Services, Inc., is hereby appointed Conservator of Respondent.
2. That: letters of Emergency Guardianship shall issue to Security Fiduciary Services, Inc.
upon the filing of an acceptance of appointment; and letters of Emergency
Order Appointing Emergency Guardian/Conservator
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25-PR-22-1079
Conservatorship shall issue to Security Fiduciary Services, Inc, 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 duty to:
Exercise all of the rights and powers on behalf of the person subject to guardianship
under Minn. Stat. § 524.5-313(c) paragraphs 1, 2, 3, 4, 5, 6, 7, 9, and 10.
(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 conservatorship, 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);
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) _____________________________________________________;
To exercise all other powers, duties and responsibilities conferred on the Guardian
under applicable law.
Order Appointing Emergency Guardian/Conservator
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25-PR-22-1079
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.
(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 conservatorship, 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 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, 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); and
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)_______________________________________________________;
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. 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(c)(7)
6. The appointment under this Order shall terminate:
60 days after the date of this Order;
90 days after the date of this Order (for appointments made pursuant to a county
petition under Minn. Stat. § 626.557, subd. 10.)
7. That the court appointed attorney for the person subject to guardianship and person subject
to conservatorship, is hereby discharged.
________________________________
Date Judge of the District Court
Order Appointing Emergency Guardian/Conservator
GAC 18-U State ENG Rev 8/20 www.mncourts.gov/forms Page 4 of 4
Preview
25-PR-22-1079 State of Minnesota District Court Probate Division County of Goodue Judicial District: First Court File No. ___________________ Case Type: Guardianship / Conservatorship In Re: Emergency Guardianship of Ex Parte Order Appointing Conservatorship of Emergency Guardian Emergency Conservator Tina Marie Heise This matter came on for hearing before the district court on a petition seeking an emergency appointment of a Guardian 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 1. A petition for appointment of a general guardian for Respondent has been filed, 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. Respondent’s needs for health, safety, or welfare are at risk because: (Describe behavior and circumstances supporting this allegation): 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 is not eating and is unable to rationally speak with anyone. Since entering the hospital, Respondent’s husband has been unable to communicate with any doctors or hospital staff regarding the Respondent’s condition. The hospital has also refused to accept the Respondent’s health care directive, so the Petitioner has been able to have little contact with hospital personnel. Order Appointing Emergency Guardian/Conservator GAC 18-U State ENG Rev 8/20 www.mncourts.gov/forms Page 1 of 4 25-PR-22-1079 There is a pending Civil Commitment Case in La Crosse County Wisconsin. A second hearing is expected to be scheduled later this week. If Respondent does not cooperate it is likely she will be moved to a facility in Walworth, Wisconsin 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. 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): The Respondent’s assets need to be immediately preserved because she recently tried to empty her HSA Account. Respondent lost her driver’s license and no bank would cash the check. She also told a 19-year old at Gunderson Health System she would give them $10,000.00. 7. No alternative less restrictive of civil rights and liberties exists, including the use of appropriate technological assistance. 8. 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 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). 9. 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 Minn. Stat. § 524.5-413(d). CONCLUSIONS OF LAW 1. The Respondent will likely suffer from substantial harm if an emergency guardian is not appointed. 2. The Respondent’s assets 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: 1. That: Security Fiduciary Services, Inc. is hereby appointed Guardian of Respondent; and Security Fiduciary Services, Inc., is hereby appointed Conservator of Respondent. 2. That: letters of Emergency Guardianship shall issue to Security Fiduciary Services, Inc. upon the filing of an acceptance of appointment; and letters of Emergency Order Appointing Emergency Guardian/Conservator GAC 18-U State ENG Rev 8/20 www.mncourts.gov/forms Page 2 of 4 25-PR-22-1079 Conservatorship shall issue to Security Fiduciary Services, Inc, 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 duty to: Exercise all of the rights and powers on behalf of the person subject to guardianship under Minn. Stat. § 524.5-313(c) paragraphs 1, 2, 3, 4, 5, 6, 7, 9, and 10. (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 conservatorship, 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); 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) _____________________________________________________; To exercise all other powers, duties and responsibilities conferred on the Guardian under applicable law. Order Appointing Emergency Guardian/Conservator GAC 18-U State ENG Rev 8/20 www.mncourts.gov/forms Page 3 of 4 25-PR-22-1079 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. (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 conservatorship, 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 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, 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); and 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)_______________________________________________________; 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. 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(c)(7) 6. The appointment under this Order shall terminate: 60 days after the date of this Order; 90 days after the date of this Order (for appointments made pursuant to a county petition under Minn. Stat. § 626.557, subd. 10.) 7. That the court appointed attorney for the person subject to guardianship and person subject to conservatorship, is hereby discharged. ________________________________ Date Judge of the District Court Order Appointing Emergency Guardian/Conservator GAC 18-U State ENG Rev 8/20 www.mncourts.gov/forms Page 4 of 4