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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.

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. 

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Room G25
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155

(651) 297-7651

mn.gov/law-library