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.