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Guardianship

NOTICE: Starting April 15, 2024, all guardians must file annual Personal Well-Being Reports and Affidavits of Service through the MyMNGuardian (MMG) online application unless you receive a court order for good cause exception.
See Minn. Gen. R. Prac. 14.01(b)(8); Minn. Gen. R. Prac. 416. Please visit the MyMNGuardian Help Topic webpage for more information and resources. 

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.
 
Before Guardianship

Before seeking a guardianship, Minn. Stat. 524.5-310 requires that you must meaningfully consider and try as appropriate less restrictive alternatives—such as supported decision-making—before a guardian 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 care and safety needs. Less restrictive alternatives may include:

  • A healthcare directive (if the person has the capacity to sign one).
  • 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.

Guardianship is generally not necessary if a person’s needs can be met with the support of less restrictive alternatives. For more information about alternatives see the Less Restrictive Alternatives to Guardianship Handout created by the Minnesota Judicial Branch. 
 

Supported decision-making is a recognized alternative to guardianship. 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 guardian.

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 personal decisions for themselves, is unable to meet their own needs, and no other less restrictive alternative exists, you can consider filing a petition for guardianship. If you have questions about the differences between guardianship 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 guardian. Similarly, asking for a guardianship does not necessarily mean you should also petition for conservatorship, and vice versa. You may find it helpful to consult with a lawyer or a social worker to discuss your options. 

If there is a disagreement about whether a guardianship 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?

Any interested person to a Guardianship or Conservatorship, 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 violated the rights of the Person. 

Complaints against Guardians and Conservators are reviewed for violations of Chapter 524, Article 5.
 
Examples of violations 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 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 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.

For more information, see Minn. Stat. § 524.5-120 (Bill of Rights for Persons Subject to Guardianship or Conservatorship); Minn. Stat. § 524.5-207 (Powers and Duties of Guardian (Minor)); Minn. Stat. § 524.5-313 (Powers and Duties of Guardian (Adult)); and Minn. Stat. § 524.5-417 (Powers and Duties of Conservator).

Use the   complaint form to file a complaint. 
 
Once the complaint is received, it will be reviewed by the Conservator Account Auditing Program (CAAP) Examiner to determine if an investigation is appropriate. If the complaint does not allege a violation of the statutes above 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 provided to the Guardian or Conservator. The Guardian or Conservator will be allowed the opportunity to submit a written response to the complaint.
 
The CAAP Examiner may contact the complainant (person submitting the complaint form) or any other interested persons to obtain more information. Please make sure to sign the complaint form and include your current contact information (address, phone, and email). When the investigation is finished, a report may be provided for review by the judicial officer. If provided to the court, the judicial officer 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. This process does not review whether the orders of the court are appropriate or whether or not a guardianship or conservatorship is necessary for the Person.
 
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 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.

Notice to Complainant and Respondent Guardian/Conservator: Once an investigation is complete and if 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

Read through Chapter 5 of the Guardianship and Conservatorship in Minnesota Manual for more detailed information about the responsibilities of guardians.

The court order appointing a guardian will specifically state what powers and duties they have been granted. These can include all of the powers and duties allowed by law, or they can be limited to only those powers and duties that are needed for the situation.

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 for more information.

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 in a way that means fewer or additional powers are required.
 
A guardian with medical powers cannot consent to any medical care that violates the known conscientious, religious, or moral belief of the person subject to guardianship. If given 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.
 
There are certain responsibilities that apply to all guardians, which are described in more detail below.
Most guardians are required to submit an updated consent to a background check every five years. See Minn. Stat. § 524.5-118, subd. 1(f) for information about the limited exceptions, and see the Background Checks tab for more detailed information. 
Court-appointed guardians are required to complete annual reports for the court about the life of the person subject to guardianship. Annual reports must be filed electronically using MyMNGuardian (MMG). If you are not able to complete the reports electronically, you can ask the judicial officer for permission to continue with paper filings using the Request to Waive Use of MyMNGuardian (MMG) Application.

The required documents for annual reporting are:
 
  1. Personal Well-Being Report
  2. Annual Notice of Rights
  3. Bill of Rights
  4. Affidavit of Service
NOTE: If there is more than one guardian, each co-guardian must fill out and sign a set of forms using MyMNGuardian (MMG). If guardians agree on what is stated in the annual report, the co-signing process can be used in MMG rather than submitting separate reports.
 
These documents must be submitted within 30 days of the anniversary date of appointment of the guardian, found in the Letters of Guardianship. If you do not submit your documents on time each year, you may be required to attend a court hearing and explain to a judicial officer why the reports were not completed.
 
Guardian(s) must make copies of their completed Personal Well-Being Report, and Annual Notice of Right to Petition for Termination or Modification, and then arrange to have copies served on the person subject to guardianship and all interested persons whose names are on record with the court in the petition. 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 the Affidavit of Service in MMG. The Affidavit of Service must be filed with the court, but copies of the Affidavit do not have to be given to anyone else.

Tips for completing the reports:
 
  • 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.
  • Write out the relevant information. Don’t just state “no change” or “see prior report.”
  • Be sure to keep the addresses, phone numbers and emails of the person subject to guardianship and the guardian(s) updated in the MMG application.
  • All guardians must sign the report or submit separate signed reports. Only the guardian/person who actually served the documents needs to submit the affidavit of service.

A guardian cannot do or consent to certain things without court approval, such as:
 
  • Admitting the person subject to guardianship to a regional treatment center (with limited exceptions, including outpatient care, temporary care (under 90 days), or being admitted after a hearing under Minn. Stat. § 253B).
  • Sterilization.
  • Psychosurgery and electroshock treatment.
  • Experimental treatment of any kind.
  • Revoking a health care directive.
A guardian must report to the court within 30 days of the occurrence of any of the events listed in Minn. Stat. § 524.5-316(b), including:
 
  • Being removed for cause from serving as guardian or conservator on any case.
  • A professional license (see statute for list of agencies) being denied, conditioned, suspended, revoked, or canceled.
  • Being found civilly liable in an action that involves fraud, misrepresentation, material omission, misappropriation, theft, or conversion.
  • Filing for bankruptcy.
  • Having a civil monetary judgment entered against you.
  • Being convicted of a crime other than a petty misdemeanor or traffic offense.
  • Having an order for protection or harassment restraining order issued against you.
  • If you change your address, email, or phone number, update the information in MMG.
  • Inform the court in writing if you terminate your attorney.

If the court appointed you to be a guardian and you are no longer able to serve in that role, you should talk with a lawyer right away about asking the court to appoint a successor guardian by completing and filing a Petition for Appointment of Successor Guardian and/or Conservator (Adult). To ask the court to discharge you from your role, you must generally identify someone else who may be qualified to serve as a guardian and have this person file the petition asking to be appointed.

Guardian Orientation Video

Before a proposed guardian signs an Acceptance of Appointment and is granted Letters of Guardianship by the court, it is essential they view the Guardian Orientation Video to understand their duties.

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 get additional information.

 

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.

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

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.