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STATE OF MINNESOTA
IN COURT OF APPEALS
C7-98-1150

In re:
Conservatorship of Lawrence Trygve Nelsen


Filed January 12, 1999
Affirmed
Peterson, Judge

Kandiyohi County District Court
File No. P695246

Ronald R. Frauenshuh, Sr., Frauenshuh, Spooner & Landmark, P.A., 113 Washburne Avenue, Paynesville, MN 56362 (for appellant Lawrence Nelsen)
Jon C. Saunders, Anderson, Larson, Hanson & Saunders, P.O. Box 130, Willmar, MN 56201-0130 (for respondent Brett Aamot, conservator of the estate)
Wallace F. Gustafson, Waechter & Gustafson, P.O. Box 567, Willmar, MN 56201-0567 (for respondent Norma Nelsen)
Daryl A. MacLean, MacLean Law Firm, 114 14th Street North, Benson, MN 56215 (for respondent Presbyterian Family Foundation, conservator of the person)
Considered and decided by Peterson, Presiding Judge, Anderson, Judge, and Foley, Judge.*

S Y L L A B U S
1.
After a conservatorship is established that requires the conservator to approve or withhold approval of any contract that the conservatee may make or wish to make, except a contract for necessities, a conservatee may not contractually retain an attorney without approval by the conservator or the court.

2.
Upon proof that no attorney-client relationship existed between an attorney and a conservatee, the district court properly dismissed a petition filed by the attorney purportedly acting on behalf of the conservatee.



O P I N I O N
PETERSON, Judge
After a conservatorship was established over the estate and person of appellant, appellant purportedly hired an attorney who filed a petition requesting modification of the conservatorship and seeking attorney fees. Based on its conclusion that the attorney lacked authority to represent appellant, the district court dismissed the petition. We affirm.

FACTS
In 1994, respondent Norma Nelsen began a dissolution action against appellant Lawrence Nelsen. Ultimately, Norma Nelsen and appellant agreed to dismiss the dissolution action and establish a voluntary conservatorship of appellant's person and estate and of Norma Nelsen's estate. In October 1996, respondent Brett Aamot was appointed conservator of the estate and person of appellant and of the estate of Norma Nelsen. The order establishing the conservatorship for appellant requires the conservator to

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Minnesota Law