Before Conservatorship

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?

Conservatorship