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Conservatorship

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. Learn More

The program will increase audit frequency for conservator-managed accounts

Background Checks

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 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 $32 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

BCA Criminal History Check

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.

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Room G25
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25 Rev. Dr. Martin Luther King Jr. Blvd.
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