Any interested person to a Guardianship or Conservatorship as defined by Minn. Stat. § 524.5-102, subd. 7
, 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 committed maltreatment, meaning abuse, neglect, or financial exploitation of the Person.
Examples 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 and appropriate 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 Guardian or 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.
Use the complaint form
to file a complaint.
Once the complaint is received, it will be reviewed to determine if an investigation is appropriate. If the complaint does not allege maltreatment 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 given to the Guardian or Conservator. The Guardian or Conservator may submit a written response to the complaint.
The Conservator Account Auditing Program (CAAP) Examiner may contact the complainant (person submitting the complaint form) or any interested person to obtain more information. Please make sure that your current contact information (address, phone, and email) is listed in the complaint form. When the investigation is finished, a report may be provided for review by the district court. If provided to the court, the district court 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.
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 or by emailing SCAOExaminer@courts.state.mn.us
Notice to Complainant and Respondent Guardian/Conservator: Once an investigation is complete and 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.