Guardianship & Conservatorship
Personal Well-Being Report Instruction Packet for Guardians
Notice:
Anyone who seeks to be appointed as a guardian or conservator in the Hennepin County Probate Court must watch the Guardian Orientation Video or Conservator Orientation Video and file the Oath and Acceptance Form (#GAC 1-U) before they appear at their initial hearing.What is guardianship
A legal arrangement under which a guardian who is appointed by a court, has the legal right and duty to care for another person (the "person subject to guardianship") because of the person’s inability to legally act on his or her own behalf due to being a minor or having a mental or physical incapacity.- See the Help Topic on Guardianship to learn more about Guardian Responsibilities and Annual Reporting Duties of Guardians
What is conservatorship
A conservatorship is similar to a guardianship except that the conservator who has been appointed by the court has powers and duties over the person subject to guardianship's estate.- See the Help Topic on Conservatorship to learn more about Conservator Responsibilities and Annual Reporting Duties of Conservators
Who are persons subject to guardianship
Persons subject to guardianships 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.Who are persons subject to conservatorship
Persons subject to conservatorship are those individuals who have had conservators appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate.
Successors
If the court appointed you to be a guardian and/or conservator, 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 or Conservator by completing and filing a new Petition for Appointment of Successor Guardian/Conservator (GAC402). Learn more in the Guardianship Help Topic and Conservatorship Help Topic.
Court Visitors in Hennepin:
Nicole GilmanLeah Rajewsky
Mai Khou Yang
Learn more about the Role and responsibilities of a Court Visitor.
How can I find out if a guardianship or conservatorship has been established for a person in Hennepin County?
You could search the Minnesota Court Records Online - MCRO or call the Probate Court at (612) 348-6000.
What is the difference between a guardian and a conservator?
A guardian is appointed 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. 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.
Who is the person subject to guardianship or person subject to conservatorship?
A person subject to guardianship is a minor or incapacitated adult who has a court-appointed guardian, lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and who has an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety. A person subject to conservatorship is an individual who has had a conservator appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate.
What is a court visitor?
The Court Visitor (CV) is appointed by the Court to meet with the person subject to guardianship/conservatorship and to provide them with a copy of the Notice and Petition. Court Visitors will provide the Court with information about the respondents appearance, ability to answer basic questions, respondents position on the petition and whether they want an attorney appointed. They will gather the respondent's views about the proposed guardian, the proposed guardian's powers and duties, and the scope and duration of the proposed guardianship.
In addition to the CV’s duties, the CV shall make any other investigation the court directs. The CV files a report in writing with the court, making a recommendation regarding the appropriateness of guardianship, whether less restrictive means of intervention are available, the type of guardianship, and, if a limited guardianship, the powers to be granted to the limited guardian and a statement as to whether the respondent approves or disapproves of the proposed guardian.
I have been appointed by the court to be a guardian and/or conservator. What do I do now?
The guardian or conservator is accountable to the court for decisions made on behalf of the person subject to guardianship or person subject to conservatorship. A guardian’s or conservator’s actions are subject to review and direction by the court.
Go to Annual Reporting Duties for Guardians
Go to Annual Reporting Duties for Conservators
What is my anniversary date (also known as reporting date)?
The anniversary date is the date the Letters of Guardianship or Letters of Conservatorship are filed.
What happens after the hearing?
Can a guardianship or conservatorship terminate?
Yes. A guardianship or conservatorship terminates upon the death of the person subject to guardianship or person subject to conservatorship; upon a determination of incapacity of the guardian or conservator; upon removal or resignation of the guardian or conservator; or upon restoration of capacity of the person subject to guardianship or person subject to conservatorship.
What if a guardianship or conservatorship was established in Hennepin County and the person subject to guardianship/conservatorship moves out of Hennepin County or Minnesota?
You should notify the court right away if the person subject to guardianship or person subject to conservatorship has moved out of Hennepin County’s jurisdiction.
What if I need legal help?
You should talk with a lawyer or contact the Self-Help Center for assistance and to find out which forms to use in your situation and the required procedures.
Learn more in the Guardianship Help Topic and Conservatorship Help Topic.
What is the difference between a guardian and a conservator?
A guardian is appointed 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. 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.
Who is the person subject to guardianship or person subject to conservatorship?
A person subject to guardianship is a minor or incapacitated adult who has a court-appointed guardian, lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and who has an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety. A person subject to conservatorship is an individual who has had a conservator appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate.
What is a court visitor?
The Court Visitor (CV) is appointed by the Court to meet with the person subject to guardianship/conservatorship and to provide them with a copy of the Notice and Petition. Court Visitors will provide the Court with information about the respondents appearance, ability to answer basic questions, respondents position on the petition and whether they want an attorney appointed. They will gather the respondent's views about the proposed guardian, the proposed guardian's powers and duties, and the scope and duration of the proposed guardianship.
In addition to the CV’s duties, the CV shall make any other investigation the court directs. The CV files a report in writing with the court, making a recommendation regarding the appropriateness of guardianship, whether less restrictive means of intervention are available, the type of guardianship, and, if a limited guardianship, the powers to be granted to the limited guardian and a statement as to whether the respondent approves or disapproves of the proposed guardian.
I have been appointed by the court to be a guardian and/or conservator. What do I do now?
The guardian or conservator is accountable to the court for decisions made on behalf of the person subject to guardianship or person subject to conservatorship. A guardian’s or conservator’s actions are subject to review and direction by the court.
Go to Annual Reporting Duties for Guardians
Go to Annual Reporting Duties for Conservators
What is my anniversary date (also known as reporting date)?
The anniversary date is the date the Letters of Guardianship or Letters of Conservatorship are filed.
What happens after the hearing?
- The court may grant conservatorship or guardianship as requested in the petition, and then issue an Order stating that fact.
- The court may decide that the person needs less assistance than what was requested in the petition and issue an Order granting more limited powers to the conservator or guardian.
- The court may determine that the individual does not need a conservator or guardian and dismiss the petition.
Yes. A guardianship or conservatorship terminates upon the death of the person subject to guardianship or person subject to conservatorship; upon a determination of incapacity of the guardian or conservator; upon removal or resignation of the guardian or conservator; or upon restoration of capacity of the person subject to guardianship or person subject to conservatorship.
What if a guardianship or conservatorship was established in Hennepin County and the person subject to guardianship/conservatorship moves out of Hennepin County or Minnesota?
You should notify the court right away if the person subject to guardianship or person subject to conservatorship has moved out of Hennepin County’s jurisdiction.
What if I need legal help?
You should talk with a lawyer or contact the Self-Help Center for assistance and to find out which forms to use in your situation and the required procedures.
Learn more in the Guardianship Help Topic and Conservatorship Help Topic.
Guardianship / Conservatorship Forms »
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 or contact the Self-Help Center for assistance and 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.- Annual Reporting for Conservators - use MyMNConservator (MMC) to e-file reports online.
- Fee Waiver Forms - people with low income may ask the court to waive some court fees.
- GAC 1-U Acceptance of Appointment by Conservator / Guardian
- PRO603 Petition for Release of Funds
- Power of Attorney (non-court form)
- PRO602 Receipt for Deposit of Restricted Funds into Protective Account
Duties of Guardians
If you are appointed as a guardian in a guardianship case, you must complete certain tasks every year that the guardianship is in effect.- Step 1: 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.
- Step 2: Create an account on MyMNGuardian. This is the system you will use to fill out the Personal Well-Being Report and the Affidavit of Service which are required every year.
- Step 3: 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 Personal Well-Being Report. Note: If there is more than one guardian, each co-guardian must fill out and sign the required forms.
- Step 4: Once the Personal Well-Being Report has been filed through MyMNGuardian, download a copy of the Personal Well-Being Report, Annual Notice of Rights, and Bill of Rights. You must then arrange to serve (deliver) copies to the person subject to guardianship and all interested persons whose names are on record with the court. Service can be done by mail or in person.
- Step 5: Once service has been completed, log back in to MyMNGuardian and complete the Affidavit of Service. That is a sworn document that says service was completed. You file the Affidavit of Service with the court, but you do not have to give copies of it to anyone else.
Duties of Conservators
If you are appointed as a conservator, you must complete certain tasks every year that the conservatorship is in effect.- Step 1: Mark the date you were appointed as a conservator on your personal calendar, and then make a note of that anniversary date every year that the conservatorship is in effect.
- Step 2: Within 30 days of being appointed as conservator, go to the online MyMNConservator (MMC) system and file an Inventory Report. You only have to do this step one time when you are first appointed as conservator. Tip: To save time entering information into MMC, gather details about the property and assets of the person subject to conservatorship before going online.
- Step 3: Every year that the conservatorship is in effect, within 30 days of the anniversary date of being appointed as a conservator, you must log onto to the MyMNConservator system and file an annual accounting. Conservators may be also required to file an original Verification of Funds on Deposit Form #15-UVF and/or Verification of Stocks and Securities Form #15-UVS with the court in paper format, so check with your local court about requirements in your case.
- Step 4: Every year that the conservatorship is in effect, within 30 days of the anniversary date of being appointed as a conservator, you must also fill out and sign the Annual Notice of Right to Petition to Restoration to Capacity Form #GAC10-C. Then you must make copies of your completed form and arrange to have copies served (delivered) to the person subject to conservatorship and all interested persons whose names are on record with the court.
- Step 5: Once service has been completed, then the conservator must fill out and sign the Affidavit of Service form included with the Annual Notice of Right to Petition for Restoration to Capacity Form #GAC 10-C form. That is a sworn document that says service was completed. You must then file the completed Affidavit of Service with the court, but you do not have to give copies of the Affidavit to anyone else.
- Step 6:The conservator then must file the original copy of the Annual Notice of Right to Petition for Restoration to Capacity and the Affidavit of Service with the court within 30 days of the anniversary date of being appointed as conservator.
Conservators appointed by the Hennepin Probate Court must electronically file their annual reports using MyMNConservator (MMC). For more information on Conservatorship, please visit the MyMNConservator State page.
If you are appointed as a conservator, you must complete certain tasks every year that the conservatorship is in effect. Learn more about duties of a Conservator on the tab in this section.
Guardians appointed by the Hennepin Probate Court must electronically file their annual reports using MyMNGuardian (MMG) unless they have an order waiving this requirement. For more information on Guardianship, please visit the MyMNGuardian State page.
If you are appointed as a Guardian, you may complete certain tasks every year that the guardianship is in effect. Learn more about duties of a Guardian on the tab in this section.
If you are appointed as a conservator, you must complete certain tasks every year that the conservatorship is in effect. Learn more about duties of a Conservator on the tab in this section.
Guardians appointed by the Hennepin Probate Court must electronically file their annual reports using MyMNGuardian (MMG) unless they have an order waiving this requirement. For more information on Guardianship, please visit the MyMNGuardian State page.
If you are appointed as a Guardian, you may complete certain tasks every year that the guardianship is in effect. Learn more about duties of a Guardian on the tab in this section.
If the court appointed you to be a guardian and/or conservator, but you are no longer able to serve in that role, you should talk with an attorney right away about asking the court to appoint a successor guardian or conservator.
You will have to complete and file a Petition for Appointment of a Successor Guardian or Conservator to ask the court to discharge you from your role and identify someone else who may be qualified to serve as a guardian and/or conservator. Please refer to the Instructions for more information on how to complete the petition.
We strongly encourage you to get help from an attorney, but an attorney is not required for you to file these forms. You can also contact the Self-Help Center for assistance.