Complaint Process
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.
GCCP reviews guardianships and conservatorships for potential violations of Minnesota Statute Chapter 524, Article 5.
Examples of violations may include:
- A violation of the Bill of Rights for Person Subject to Guardianship or Conservatorship (Minn. Stat. § 524.5-120).
- The Person’s residence is unsafe (Minn. Stat. § 524.5-313(c)(1)).
- The Person is not receiving adequate and appropriate food, proper health care, or medications (Minn. Stat. § 524.5-313(c)(2)).
- The Guardian or Conservator is physically, mentally, or sexually abusing the Person, or failing to prevent or report abuse by another person (Minn. Stat. § 524.5-313; Minn. Stat. § 524.5-417).
- Family or friends are not permitted 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)).
- Using the Person’s money or property for the Guardian or Conservator’s own benefit (Minn. Stat. § 524.5-313; Minn. Stat. § 524.5-417).
- The Conservator has failed to provide an adequate accounting of the Person’s assets or failed to pay the Person’s bills (Minn. Stat. § 524.5-417(c)(1); Minn. Stat. § 524.5-420(a)).
- The Guardian or Conservator is not following the orders of the court relating to the care of the Person (Minn. Stat. § 524.5-313(a); Minn. Stat. § 524.5-417(a)).
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 Guardian and Conservator Complaint Program (GCCP) 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, GCCP will provide the guardian and/or conservator with a copy of the complaint or, in the case of a court referral, the document directing GCCP to examine the matter. The guardian or conservator will have an opportunity to submit a written response.
During the investigation, GCCP may contact the complainant or other interested persons to gather additional information. Please make sure to sign the complaint form and include your current contact information (address, phone, and email). When the investigation is completed, GCCP may submit a report for review by the judicial officer. The judicial officer will determine whether further court action is needed.
The Guardian and Conservator Complaint Program does not have authority to remove, sanction, or discipline a guardian or conservator. This process does not review whether the court’s orders are appropriate or whether 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 (such as the written response of the guardian or conservator) may be provided to the court for immediate review and action, if needed.
Please send the completed complaint form to one of the following:
Email:
SCAOExaminer@courts.state.mn.us
Mail:
Guardian and Conservator Complaint Program
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
Fax:
763-576-5950
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.