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Guardianship

Note: A law went into effect on August 1, 2020 for guardianship and conservatorship cases. The law changed some of the words and processes used. A MN Supreme Court order and related rule are also in effect that say the filing of non-public records to the court is controlled by court rules and court forms and not by the new law. Many court forms and resources have been updated to include these changes.

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 »

Overview

What is a Guardian?

A guardian is appointed by the court to make the personal decisions for the person subject to guardianship. The guardian has authority to make decisions on behalf of the person subject to guardianship about such things as where to live, medical decisions, training and education, etc.

Persons subject to guardianship are minors or incapacitated adults who have a court appointed guardian, lack sufficient understanding or capacity to make or communicate responsible personal decisions, and who have an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety.

At-risk juveniles aged 18-21 may petition the court for guardianship in juvenile court effective August 1, 2022. For more information about this type of guardianship, review the new law or talk to a lawyer. You can find forms and instructions for this process in the Guardianship of At-Risk Juvenile packet.

If you want to have custody or be the "legal guardian" of a minor child, see Child Custody & Parenting Time for more information, or talk to a lawyer. For information about protecting the interests of minor children involved in the courts, visit the Guardian ad Litem Program.

Related: Learn about Conservatorship »

MyMNGuardian (MMG) is an application developed by the Minnesota Judicial Branch that allows court-appointed guardians to submit Personal Well-Being Reports (PWBR) and the Affidavit of Service electronically.
 
IMPORTANT!

New laws went into effect on August 1, 2020 for guardianship and conservatorship cases. The new laws change some of the words and processes. For example, the word “ward” has been changed to “person subject to guardianship” and “protected person” has been changed to “person subject to conservatorship.”

The MN Judicial Branch is in the process of updating the training resources listed below. We are making these resources available to you in their current form while working to update them because they have very helpful information, even if some of the words and procedures do not match the new laws.

Guardianship/Conservatorship Training »

MyMNGuardian Training »

Guardianship/Conservatorship Video »
 

If you are appointed as a guardian in a guardianship case, you must complete certain tasks every year that the guardianship is in effect.

NOTE: If there is more than one guardian, each co-guardian must fill out and sign a set of forms.

Mark the date you were appointed as a guardian on your personal calendar, and then make a note of that anniversary date every year that the guardianship is in effect.
Within 30 days of the anniversary date of being appointed as a guardian, you must fill out and sign the Annual Reporting Forms Packet.

The Packet includes four separate forms:
  • Personal Well-Being Report (Guardianship);
  • Annual Notice of Right to Petition for Termination or Modification (Guardianship only)
  • Bill of Rights; and
  • Affidavit of Service (Report and Notice of Right - Guardianship).
Guardian(s) must make copies of their completed Personal Well-Being Report and Annual Notice of Right to Petition for Termination or Modification form, and then arrange to have copies served on the person subject to guardinship and all interested persons whose names are on record with the court. The person subject to guardianship 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 and sign the Affidavit of Service form included in the Packet. That is a sworn document that says service was completed, and it is a document that you must sign under penalty of perjury. By signing under penalty of perjury, you are stating the information in the Affidavit of Service is true to the best of your knowledge. Perjury is the crime of intentionally lying or misrepresenting the truth. 

You file the Affidavit of Service with the court, but you do not have to give copies of the Affidavit to anyone else.
Guardian(s) must file the original copy of their Annual Reporting Forms Packet (except the Bill of Rights) with the court, including the Affidavit of Service, within 30 days of the anniversary date of being appointed as guardian.

If the court appointed you to be a guardian, but you are no longer able to serve in that role, you should consult with an attorney right away about asking the Court to appoint a Successor Guardian by completing and filing a new Petition for Appointment of a General Guardian or 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 guardian and/or conservator.


The court does not publish step-by-step instructions on completing and filing the Petition paperwork, but the Conservatorship & Guardianship Manual offers basic explanations of legal terms, forms, and the court process. We strongly encourage you to get help from an attorney.

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: OR
  • by mail to:
         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. 

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.
 

Printable Tip Sheet »

Understand your Powers, Duties, & Limitations

Refer to your court order appointing you as the guardian to know if you have been granted all or limited powers and duties.
If you were required to submit a consent to background study prior to your appointment as guardian, you will be required to submit an updated consent every five years.
  1. Personal Well-Being Report
  2. Annual Notice of Rights
  3. Affidavit of Service:
    Submit your documents within 60 days from the anniversary date of your Letters of Guardianship.
Electronically file using eFile & eServe (eFS), mail, or deliver to the probate court where your case is filed.
If you do not submit your documents on time each year, you may be required to attend court and explain why to a judge.
  • Even though a person subject to guardianship has a guardian, they still retain certain rights. (See the Bill of Rights and Minn. Stat. § 524.5-120)
  • A person subject to guardianship keeps all rights not granted to the guardian.
  • A guardian must petition the court for modification of the guardianship when the condition of the person subject to guardianship changes such that fewer or additional powers are required.
  • A guardian with medical powers cannot consent to any medical care which violates the known conscientious, religious, or moral belief of the person subject to guardianship.
  • If given the powers over the personal property of the person subject to guardianship, a guardian cannot dispose of the clothing, furniture, vehicles, or personal effects of the person subject to guardianship without giving written notice by mail to interested persons.
  • Admit the person subject to guardianship to a regional treatment center (with limited exceptions*)
  • Sterilization
  • Psychosurgery and electroshock treatment
  • Experimental treatment of any kind
  • Revoke a health care directive
*Exceptions include: outpatient care, temporary care (under 90 days), or admitted after a hearing under Minn. Stat. § 253B
Report to the court within 30 days of the occurrence of any of the events listed in Minn. Stats. §§ 524.5-316(b):
  • You are removed for cause from serving as guardian or conservator on any case.
  • Your professional license (see statute for list of agencies) is denied, conditioned, suspended, revoked, or canceled.
  • You are found civilly liable in an action that involves fraud, misrepresentation, material omission, misappropriation, theft, or conversion.
  • You have filed for bankruptcy.
  • A civil monetary judgment is entered against you.
  • You are convicted of a crime other than a petty misdemeanor or traffic offense.
  • An order for protection or harassment restraining order is issued against you.
Fill out the forms completely:
  • Keep records of significant events in the life of the person subject to guardianship. You will be required to report on such things as the living arrangements of the person subject to guardianship, the type and quality of care provided to the person subject to guardianship, and your interaction with the person subject to guardianship.
  • Keep detailed records of the services you provide if you are charging fees as guardian or seeking reimbursement for expenses.
  • State the relevant information. Don’t just state “no change” or “see prior report.”
  • Be sure to include the addresses, phone numbers and emails of the person subject to guardianship and the guardian(s).
  • All guardians must sign the report or submit separate signed reports. Only the guardian/person who actually served the documents needs to sign the affidavit of service.
  • If you change your address, email, or phone number.
  • Inform the court in writing if you terminate your attorney.
IMPORTANT!
New laws went into effect on August 1, 2020 for guardianship and conservatorship cases. The new laws change some of the words and processes. For example, the word “ward” has been changed to “person subject to guardianship” and “protected person” has been changed to “person subject to conservatorship.”

The MN Judicial Branch is in the process of updating the Online Conservatorship & Guardianship Training and Guardianship/Conservatorship Video listed below. We are making these resources available to you in their current form while working to update them because they have very helpful information, even if some of the words and procedures do not match the new laws.


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.
 

Guardianship/Conservatorship Video »
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 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. Mail to district court or efile using eFile and Serve, using the filing code of "Consent for Background Check."
  3. Court administration will confirm there is a fee waiver on the case and will submit the consent form to DHS 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