Rajkowski Hansmeier Ltd, Attorneys at Law
Chad M. Roggeman
July 31, 2018
TO: SEE ATTACHED INTERESTED PERSONS LIST
Re: In Re: Guardianship of Milosh S. Bozanich, Ward Court File No. 73-PR-17-1981
Enclosed herewith and hereby served upon you as an Interested Person in the above-entitled matter in accordance with Minnesota Statutes, please find the Notice of Hearing and copy of the petition.
Very truly yours,
RAJKOWSI HANSMEIER, LTD.
By Chad Roggeman
Cc: Court Administrator
Interested Persons in the Matter of Guardianship of Milosh S. Bozanich, Ward Court File No. 73-PR-17-1981
Guardian, Trustee, Child
Alexander S. Bozanich
9300 South Bell Avenue
Chicago, IL 60643
STATE OF MINNESOTA -- DISTRICT COURT
COUNTY OF STEARNS -- SEVENTH JUDICIAL DISTRICT
In Re: Guardianship of Milosh S. Bozanich, Ward
Case Type: 14, Guardianship
Court File No. 73-PR-17-1981
PETITION FOR A PROTECTIVE ORDER
TO THE HONORABLE JUDGE OF THE DISTRICT COURT
Alexander S. Bozanich states the following:
1. Peter P. Bozanich and Alexander S. Bozanich are brothers and were appointed Guardians of their father, the above-named Ward, Milosh S. Bozanich, by this Court, first on an emergency basis by an Order dated March 3, 2017, and subsequently on a permanent basis by an Order dated April 21, 2017, and have served as such since that date. No conservatior of the Ward was appointed by the Court.
2. The Ward signed a Statutory Short Form Power of Attorney dated August 26, 2014 as the Principal pursuant to Minnesota Statutes 523.23 naming PeterP. bozanich and his spouse Stacey Bozanich as Attorney-in-Fact. A true and correct copy of the instrument accompanies this Petition to be placed on file with the Court and is made a part of this Petition.
3. Under Minnesota Statutes section 523.26(a), the principal and any interested person, as defined in section 524.5-102, subdivision 7, may petition the court for a protective order directing an attorney-in-fact to provide an accounting, on a schedule directed by a court, or for any other relief as provided in sections 524.5-401 to 524.5-502 of the Uniform Guardianship and Protective Proceedings Ace. An "interested person" pursuant to section 524.5-102, subdivision 7 includes the duly appointed guardian or an adult child of the Ward.
4. Alexander S. Bozanich is an "interested person" as a Guardian and adult child of the Ward and submits this Petition to the Court for a protective order pursuant pursuant to Minnesota Statutes section 523.26(a) as more fully described below.
5. Due to the guardianship proceeding of the Ward in this countyt pursuant to the Uniform Guardianship and Protective Proceedings Act, this Court has jurisdiction in this matter and the venue is appropriate.
6. The persons interested in this matter are set forth in the list attached hereto.
7. An attorney-in-fact is to render an accounting upon request at any time to the principal, and the principal is entitled to examine and copy the records of the attorney-in-fact pursuant to Minnesota Statutes section 523.21. A guardian of a procipal may also request at any time the attorney-in-fact to render an accounting or to examine and copy the records. See Minnesota Statute 523.03. Alexander S. Bozanich has repeatedly requested the Attorney-In-Fact of the Principal to provide information regardingf the transactions the Attorneyi-in-Fact has done on behalf of the Principal, and the Attorneys-In-Fact have not done so.
8. The Petittioner requests a protective order of the Court directing the Attortneys-in-Fact to aubmit to the Court for examination under penalties of perjury an accounting of any and all transactions conducted on behalf of the Principal for the entire period prior to and ending June 30, 2018 and an inventory of the Principal's assers as of June 30, 2018.
9. Additionally, the Petitioner requests the protective order provide a method of accounting by the Attorney-in-Fact going forward without seeking further direction of the Court after the Attorney-in-Fact submit their initial accounting to the Court. The Court may appooint an agent to assist in the accomplishment of any protective arrangement and the agent has the authority conferred by the order. See Minn. Stat. 524.5-412(c). The Petitioner requests theprotective order appoint Alexander S. Bozanich as such agent and require the Attorney-in-Fact to provide under penalties of perjury to said agent within 60 days of each December 31 a written accounting of any and all transactions conducted on behalf of the Principal along with an invetory of the Principal's assets for such calendar ending December 31.
10. Finally, to substantiate any accounting, the Petitioner requests the protective order direct the Attorneys-in-Fact to make available all records of transactions by the Principal or the Attorneys-in-Fact on his behalf for the inspection and copying by Alexander S. Bozanich as the agent or his attorneys or representatives at a reasonable time and place upon reasonable notice. The fee of any third party to copy or provide such records of financial transactions shall be paid by the Attorneys-in-Fact from the funds of the Principal.
REGARDING TANGIBLE PERSONAL PROPERTY
11. The Orders appointing Peter P. Bozanich and Alexander S. Bozanich as Guardians both contaiend the power and duty of the Guardians to "take reasonable care of the Ward's clothiong, furniture, vehicles, and other personal effects" pursuant to Minnesota Statutes section 524-5-313(c)(3).
12. The Power of Attorney purportedly granted the Attorney-In-Fact power of the Ward's tangible personal property matters. See Minn. Stat. 524/24, subd 2. The Attorneys-in-Fact have siezed the tangible personal property of the Ward and will not indetify to the Guardian, Alexander S. Bozanich such property and its location under their posession and control or allow the Guardian Alexander S. Bozanich to physically inspect such property despite requests to do so. The Attorneys-in-Fact have frustrated and interfered with the exercise of the duties and powers of the Guardian.