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Conservatorship

The Minnesota Judicial Branch has launched a new online training for individuals who have been appointed by a court to serve as a guardian or conservator. Learn More »

New program will increase audit frequency for conservator-managed accounts »​

Overview

What is a Conservator?

A conservator is appointed to make financial decisions for the person subject to conservatorship. The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the person subject to conservatorship.

A persons subject to conservatorship is an individual who has had a conservator appointed for them because they lack capacity and have demonstrated an inability to make sound or reasonable decisions regarding their financial affairs or estate.

Related: Learn about Guardianship »​
 

MyMNConservator (MMC) is an online conservator account reporting application that allows conservators to file their inventory and annual accountings electronically. MMC is exclusively for conservator reports. 

The MMC submission process includes a statement where conservators affirm they have served the annual notice of rights.
 

MyMNConservator


MyMNConservator Help Videos and Tutorials »

 

Before seeking a conservatorship, Minn. Stat. 524.5-409 requires that you must meaningfully consider and try as appropriate less restrictive alternatives—such as supported decision making—before a conservator is appointed. Be prepared to tell the court what options you tried, for how long, and why they didn’t work.

A less restrictive alternative is something that allows a person to keep as much self-determination and control over their own life as possible while still addressing the person’s financial needs. Less restrictive alternatives may include:
  • A power of attorney (if the person has the capacity to sign one).
  • Supported decision-making.
  • Representative Payee appointed by Social Security Administration to manage Social Security benefits.
  • Creating a trust.
  • Automatic payments for bills.
Conservatorship is generally not necessary if a person’s needs can be met with the support of less restrictive alternatives, or if a person’s assets are low. For more information about alterntaives see the Less Restrictive Alternatives to Conservatorship Handout created by the Minnesota Judicial Branch. 
Supported decision-making is a recognized alternative to conservatorship. It allows trusted friends, family members, or professionals to make decisions with the person, not for them, to ensure they are safe, happy, and enjoying life. It helps the person understand the situations and choices they face, consistent with their own wishes, so they can make their own decisions without the need for a conservator.

Supported decision-making may be guided by a formal, written document—called a Supported Decision-Making Agreement—or it may be informal, such as simple conversations with the person to help them make decisions. An example of a Supported Decision Making Agreement can be found on the Working Interdisciplinary Networks of Guardians Stakeholders (WINGS) Minnesota website. 

If a person cannot make financial decisions for themselves, is unable to meet their own needs, and no other less restrictive alternative exists, you can consider filing a petition for conservatorship. If you have questions about the differences between conservatorship and less restrictive alternatives, you should talk with a lawyer.

Generally, disagreement with a decision the person makes or the fact that they have a certain disability or diagnosis is not enough to justify the appointment of a conservator. Similarly, asking for a conservatorship does not necessarily mean you should also petition for guardianship, and vice versa. You may find it helpful to talk with a lawyer or a social worker to discuss your options. 

If there is a disagreement about whether a conservatorship is needed, you may want to have a discussion with everyone concerned. To help with the discussion you could consider mediation or talking to a social worker to understand everyone’s perspectives and help you to come to an agreement.
 

Training Webinars 

Supported Decision Making & Guardianship: Which One is Right for Me?

What Every Guardian Should Know About Supported Decision Making and Other Less Restrictive Alternatives

Supported Decision Making for Court-Appointed Attorneys

Supported Decision Making for Court Visitors

Decision Making for Questionably Capacitated Patients in Health Care Settings: What’s a Provider to Do?

Any interested person to a Guardianship or Conservatorship, including the Person Subject to Guardianship or Conservatorship (“Person”), can submit a complaint with the Minnesota Judicial Branch.
 
A complaint may be submitted when an interested person has reason to believe that a Guardian or Conservator is not following court orders, is not acting in the best interests of the Person, or has violated the rights of the Person. 

Complaints against Guardians and Conservators are reviewed for violations of Chapter 524, Article 5.
 
Examples of violations may include:
 
  • A violation the Bill of Rights for Person Subject to Guardianship or Conservatorship.
  • The Person’s residence is unsafe.
  • The Person is not receiving adequate food or proper healthcare or medications.
  • The Guardian or Conservator is physically, mentally, or sexually abusing the Person, or failing to prevent or report abuse by another person.
  • Family or friends are not allowed to visit or communicate with the Person and the Guardian or Conservator has not informed the court and/or person or persons that a restriction has been placed on that person or persons (Minn. Stat. § 524.5-316(a)(3)).
  • The Guardian or Conservator is using the Person’s money or property for their own benefit.
  • The Conservator has failed to provide an adequate accounting of the Person’s assets or failed to pay the Person’s bills.
  • The Guardian or Conservator is not following the orders of the court relating to the care of the Person.

For more information, see Minn. Stat. § 524.5-120 (Bill of Rights for Persons Subject to Guardianship or Conservatorship); Minn. Stat. § 524.5-207 (Powers and Duties of Guardian (Minor)); Minn. Stat. § 524.5-313 (Powers and Duties of Guardian (Adult)); and Minn. Stat. § 524.5-417 (Powers and Duties of Conservator).

Use the complaint form to file a complaint. 
 
Once the complaint is received, it will be reviewed by the Conservator Account Auditing Program (“CAAP”) Examiner to determine whether an investigation is appropriate. If the complaint does not allege a violation of the statutes above by the Guardian or Conservator, or if the matter has already been addressed by the court, the complaint will be dismissed without investigation. 
 
If an investigation is warranted, a copy of the complaint will be provided to the Guardian or Conservator. The Guardian or Conservator will be allowed the opportunity to submit a written response to the complaint.
 
The CAAP Examiner may contact the complainant (person submitting the complaint form) or any other interested persons to obtain more information. Please make sure to sign the complaint form and include your current contact information (address, phone, and email). When the investigation is finished, a report may be provided for review by the judicial officer. If provided to the court, the judicial officer will review the report and decide if further action should be taken on the complaint.
 
The CAAP Examiner does NOT have authority to remove, sanction, or discipline a Guardian or Conservator. This process does not review whether the orders of the court are appropriate or whether or not a guardianship or conservatorship is necessary for the Person.
 
At any time following the submission of a complaint, a copy of the complaint or other documentation (for example, the written response of the Guardian or Conservator), may be provided to the court for immediate review and court action, if needed.
 
Please send completed form:

         Conservator Account Auditing Program (CAAP) Examiner
         Minnesota Judicial Center
         25 Rev. Dr. Martin Luther King, Jr. Blvd.
         St. Paul, MN 55155 

You can get general help with the Guardianship and Conservatorship Complaint Process by calling (651) 215-0032.

Notice to Complainant and Respondent Guardian/Conservator: Once an investigation is complete and if a report has been filed with the court, the complaint and any written response by the Guardian/Conservator are public records and may be filed into the court file or provided upon request.

The complaint process work was supported, in part, by grant number 90EJIG0019-01-01 Elder Justice Innovation Grants awarded in 2021 for improving guardianship from the Administration for Community Living (ACL), U.S. Department of Health and Human Services (DHHS). Grantees carrying out projects under government sponsorship are encouraged to express freely their findings and conclusions. Therefore, points of view or opinions do not necessarily represent official ACL or DHHS policy.

The Conservator Account Auditing Program (CAAP) and the Conservator Account Review Program (CARP) programs ensure that all conservator-managed financial accounts in the state are reviewed by trained financial experts and that district court judges have more tools and information when hearing conservatorship cases.

MyMNConservator (MMC) Help Line:  (763) 347-4437
The Conservator Account Auditing Program (CAAP) operates statewide to audit conservator accounts and provide information and recommendations to the district courts and to conservators. 

The mission of the Conservator Account Auditing Program (CAAP) is to safeguard the assets of persons subject to conservatorship through the oversight of conservators by conducting professional compliance audits. CAAP will promote public trust and confidence by collaborating with local courts to provide education, establish consistency of best practices in managing conservator accounts and maintain a statewide online system for the reporting of accounts.

CAAP audits all first annual accounts, subsequent accounts above $10,000 at regular intervals and any other accounts referred for audit. Subsequent accounts $10,000 and below are reviewed by the Conservator Account Review Program (CARP).

Accounts are directed to the audit queue via programming within the MyMNConservator (MMC) accounting program. Your report history tab will display reports that are in the audit queue as in the following example:

Screen Shot of CAAP User Interface

Once the case is assigned to an auditor, you will receive a letter via email requesting supporting documentation. We strongly recommend electronically submitting documents (via email, fax, or uploading records to your annual report in MMC). However, if originals are provided, this documentation will be returned once the audit is complete. For additional information please refer to the Audit Tip Sheet.
 
CARP provides regular review of accounts not subject to CAAP audits and provides public hearing preparation documents to district courts. CARP reviews accounts under $10,000 and older than one year, and larger conservator accounts in-between those accounts’ fourth-year audits that are conducted by CAAP. 
 
CARP findings are presented to the parties and district judge for review. CARP reviews include a public Account Review Report summarizing the findings of a review.
Respond promptly to requests or questions from the Court, CAAP or CARP personnel.

Please provide all documentation listed in the audit letter. If any of the information does not apply, please state that in your response to the audit. We strongly recommend electronically submitting documents (via email, fax, or uploading records to your annual report in MMC).

 

Talk to the Auditor

If you have questions, contact the auditor. Keeping an open line of communication with the auditor will help expedite your audit.
 

What to include

  • Conservators must provide official bank statements. Spreadsheets and online transaction printouts are not sufficient for audit purposes. Online statements are okay if they include all transactions, running balance totals, and all account ownership information.
  • Be sure to include documentation for all asset account types, including CD’s, life insurance, IRA’s, other investments, prepaid burials, etc.
  • You must provide cancelled (cleared) checks from the bank. Check copies provided with the statement are acceptable in the event your bank does not return physical checks. Duplicate check copies are not an acceptable replacement.

Arranging Documents

  • Arrange all bank statements together by account in date order. Verify that you are sending all statements for the entire annual account period. Do not omit any statements. All pages must be provided for each statement, regardless of the page content.
  • If a credit card is being used, all monthly statements must be provided as well as invoices and/or receipts for each individual transaction made using the credit card. Arrange these statements in date order as instructed above.

Expenses

  • Retain and provide documentation, including receipts and invoices, to support all expenses paid from the conservatorship.
  • Supporting documentation must be provided to support all Guardian and Conservator fees paid. These fees should be paid on a consistent basis and statements must include, but are not limited to, the following items:
    • Dates of Service
    • Hourly Rate
    • Detailed Descriptions of Tasks Performed per Date
    • Hours per Task

Property Sales

If real estate is sold during the account period, provide the HUD settlement statement.
MN Court Forms - Guardianship / Conservatorship

NOTE: The MN Judicial Branch does not publish instructions for every guardianship or conservatorship form, but you can learn about the process by reading the Conservatorship & Guardianship Manual. You should talk with a lawyer to find out which specific forms to use in your situation and the procedures involved. Court Administration can tell you about the Fees that must be paid. Another good resource for finding forms and how-to information on legal issues is your local law library.

Conservators must use MyMNConservator to e-file their annual reports with the court.
 

Tips for Conservators Printable Tip Sheet »

Understand your Powers, Duties, & Limitations

Read through Chapter 5 of the Guardianship and Conservatorship in Minnesota Manual for more detailed information about the responsibilities of conservators.

The court order appointing a conservator will specifically state what powers and duties they have been granted. These can include all of the powers and duties allowed by law, or they can be limited to only those powers and duties that are needed for the situation.

Even though a person subject to conservatorship has a conservator, they still retain certain rights. See the Bill of Rights and Minn. Stat. § 524.5-120 for more information.

A person subject to conservatorship keeps all rights not granted to the conservator. A conservator must petition the court for modification of the conservatorship when the condition of the person subject to conservatorship changes in a way that means fewer or additional powers are required.
 
There are certain responsibilities that apply to all conservators, which are described in more detail below.

Most conservators are required to submit an updated consent to a background study every five years. See Minn. Stat. § 524.5-118, subd. 1(f) for information about the limited exceptions, and the Background Checks tab for more detailed information.
Court-appointed conservators must complete certain tasks every year that the conservatorship is in effect. All reports will be filed online through MyMNConservator (MMC).
Within 60 days of the initial appointment, a conservator must file an Inventory Report in the MMC system.

Conservators should make note of the date they were appointed, which will serve as the anniversary date for annual reporting. An Annual Accounting must be submitted within 60 days of this anniversary date, found in the Letters of Conservatorship. If you do not submit your documents on time each year, you may be required to attend a court hearing and explain to a judicial officer why the reports were not completed.
 
Conservator(s) must complete and make copies of the Annual Notice of Right to Petition for Termination or Modification, and then arrange to have copies served on the person subject to conservatorship and all interested persons whose names are on record with the court in the petition. The person subject to conservatorship will also need to be served with a copy of the Bill of Rights. Service can be done by mail or in person.
 
Once service has been completed, the guardian must fill out the Affidavit of Service for included with the Annual Notice of Right to Petition for Termination or Modification. The Affidavit of Service must be filed with the court, but copies of the Affidavit do not have to be given to anyone else.

See the Tips for Conservators printable tip sheet for more detailed tips on completing annual accounts and staying organized. This Tip Sheet includes information about searching for assets, opening separate financial accounts, filing state and federal income taxes, allowances, and bonds
According to Minn. Stat. 524.5-411 and Minn. Stat. 524.5-418, a conservator must get approval from the court before taking certain actions, such as:
  • Selling or mortgaging real estate.
  • Creating a trust.
  • Making or changing a Will.
  • Changing beneficiaries on accounts or policies.
A conservator must report to the court within 30 days of the occurrence of any of the events listed in Minn. Stat. 524.5-420, including:
 
  • Being removed for cause from serving as guardian or conservator on any case.
  • A professional license (see statute for list of agencies) being denied, conditioned, suspended, revoked, or canceled.
  • Being found civilly liable in an action that involves fraud, misrepresentation, material omission, misappropriation, theft, or conversion.
  • Filing for bankruptcy.
  • Having a civil monetary judgment entered against you.
  • Being convicted of a crime other than a petty misdemeanor or traffic offense.
  • Having an order for protection or harassment restraining order issued against you.
  • If you change your address, email, or phone number, update the information in MMC.
  • Inform the court in writing if you terminate your lawyer.
If the court appointed you to be a conservator, but you are no longer able to serve in that role, you should talk with a lawyer right away about asking the court to appoint a successor conservator by completing and filing a Petition for Appointment of Successor Guardian/Conservator. To ask the court to discharge you from your role, you must file a petition with the court and identify someone else who may be qualified to serve as a conservator.

Conservator Help Line

(763) 347-4437
 

Conservator Orientation Video

Before a proposed conservator signs an Acceptance of Appointment and is granted Letters of Conservatorship by the court, it is essential they view the Conservator Orientation Video to understand their duties.  

 

Online Conservatorship & Guardianship Training »

The Minnesota Judicial Branch has launched an online training for individuals who have been appointed by a court to serve as a guardian or conservator.

The interactive, self-paced training module aims to help new guardians and conservators understand their roles and responsibilities, including the statutes and policies in place to protect vulnerable individuals. The training may also be used as a refresher course by experienced guardians or conservators, or to answer specific questions about their duties.
 

A Manual on Guardianship and Conservatorship in Minnesota »

This is a manual published by the Minnesota Judicial Branch and written especially for non-lawyers. The manual only addresses guardianship and conservatorship of adults, NOT minors.

The law on guardianship and conservatorship is very complex. We encourage you to talk with a lawyer to get legal advice about your situation.
 

MyMNConservator Help Videos and Tutorials »

Conservator Video Services (National Center for State Courts)

  • NOTE: This video series was created by the National Center for State Courts.  It is a general overview of a conservatorship.  There are specific requirements for a conservatorship in MN.  
Finding the Right Fit: Decision-Making Supports and Guardianship - Online training created by the National Center for State Courts.

Background Checks Legislative Change

The 2023 legislative session resulted in a law change regarding the background check application process for guardianship and conservatorship cases. Specifically:
  • Minn. Stat. § 245C.033 requires a guardian or conservator submit a request for maltreatment and state licensing agency data check to the Department of Human Services (DHS). Upon completion of the check, DHS is responsible for providing maltreatment data and state licensing data to the courts.
  • Minn. Stat. § 524.5-118 requires guardians and conservators to submit a request for a criminal history check to the Bureau of Criminal Apprehension (BCA) along with fingerprints recorded on a fingerprint card. BCA is required to provide the results of the criminal history check to the court.
What this means for guardians and conservators appointed by the court in the State of Minnesota is that consent forms must be provided to both the DHS and BCA to apply for the checks to be done. The application/consent sent to DHS must be accompanied by $50 or, if there is a fee waiver ordered on the case, the consent form must be signed by court administration and submitted to DHS on the applicant’s behalf. The application/consent sent to BCA must be accompanied by a fingerprint card, along with $33.25 or a copy of the fee waiver order signed by the district court.

A maltreatment and state licensing check performed by DHS and a criminal history check performed by BCA are required before the court can appoint a guardian or conservator. Both background checks are then required every 5 years after the guardian or conservator’s appointment if they are to continue to serve.

DHS Maltreatment and State Licensing Check

  1. Fill out and sign the Consent Form (DHC-8450). DHS requires the form to be typed, not handwritten. 
    • Open the program you will be using to view the form (Adobe Reader or Adobe Acrobat).
    • Click File > Open and select the form in your downloads folder. The form will open in Adobe Reader or Adobe Acrobat, and you will be able to work/type on it and save it.
  2. Provide personal check or money order for $50, made out to the Department of Human Services.
  3. Mail both to:
Department of Human Services, ATTN: Guardian
Maltreatmentand Licensing Agency Checks
PO Box 64172
St. Paul, MN 55164-0172
  1. Fill out and sign the Consent Form (DHC-8450). DHS requires the form be typed, not handwritten.
    • Open the program you will be using to view the form (Adobe Reader or Adobe Acrobat.
    • Click File > Open and select the form in your downloads folder. The form will open in Adobe Reader or Adobe Acrobat, and you will be able to work/type on it and save it.
  2. Mail to district court or efile using eFile and Serve using the filing code "Consent for Background Check."
  3. Court administration will confirm there is a fee waiver on the case and will submit the consent form to the Department of Human Services on behalf of the applicant. 

BCA Criminal History Check

  1. Contact BCA or local law enforcement to get fingerprinted.
  2. Fill out and sign the Consent Form (GAC121).
  3. Provide personal check or money order for $33.25 made payable to the BCA. 
  4. Mail consent form, completed fingerprint card, and payment to:
Bureau of Criminal Apprehension
Attn: CHA Unit
1430 Maryland Avenue East
St. Paul, MN 55106
  1. Contact BCA or local law enforcement to get fingerprinted.
  2. Fill out and sign the Consent Form (GAC121).
  3. Provide a copy of the fee waiver order signed by the judicial officer.
  4. Mail consent form, completed fingerprint card, and copy of the fee waiver order to:
Bureau of Criminal Apprehension
Attn: CHA Unit
1430 Maryland Avenue East
St. Paul, MN 55106

Background Checks Completed within the last 5 years

Guardians and conservators who have copies of background checks completed within the last five years and are appointed in multiple cases should file the Affidavit Regarding Background Checks form (GAC102). If DHS and BCA background checks were already filed in another court case, the guardian or conservator can submit copies of those background checks along with the Affidavit. Both the Affidavit and the copies of the background checks are required.