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In re Guardianship of Samson

2012 Minn. App. LEXIS 549 (2012)

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In re Guardianship of Samson

Minnesota Court of Appeals
2012 Minn. App. LEXIS 549 (2012)

Facts

Christine Samson (defendant) used a power of attorney to appoint her daughter, Elizabeth Kuitunen, to make healthcare decisions for Samson. Christine named her son Ludwig Samson (plaintiff) her first alternate healthcare agent and her son Bernard Samson as the second alternate in the event that Kuitunen became unable to fulfill her duties. Christine suffered from dementia and became incapacitated. Under Kuitunen’s care, Christine moved to a nursing home, and Kuitunen continued to make Christine’s healthcare decisions. However, Ludwig petitioned the state court to appoint him as Christine’s legal guardian for all purposes. Ludwig argued that Kuitunen’s care was not sufficient because Kuitunen spent two months each year out of state. However, Ludwig did not identify how these absences made Kuitunen’s care inadequate, nor did he submit any medical evidence supporting his request. The trial court denied the guardianship petition, and Ludwig appealed.

Rule of Law

Issue

Holding and Reasoning (Chutich, J.)

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Casebooks

Elder Law

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