Guardianship

A statement made under penalty of perjury. See Minn. Stat. § 358.116 .

The date (month-day-year) that the Letters of Guardianship and/or Conservatorship were issued (signed by the judicial officer) is the anniversary date. This date remains fixed from year to year and is the date that is used to determine the period-ending date for filing annual reports and other required documents. 

A promise by a bonding company that protects the person subject to conservatorship from mismanagement by the conservator. In the event of mismanagement, the court may decide that the bond will reimburse the estate for the missing money, and the company that issued the bond can recover the money from the conservator. 

Responsibility of a party to prove a fact. The amount of proof required varies with the type of case. In guardianship and conservatorship cases, the burden of proof is clear and convincing evidence. 

The Conservator Account Auditing Program (CAAP) provides centralized oversight of conservator accounts. More information is available in the “Audit Program” tab in the Conservatorship Help Topic.

The Conservator Account Review Program (CARP) reviews inventories and accounts of conservators not subject to audit. More information is available in the “Audit Program” tab in the Conservatorship Help Topic

When any party objects to the petition or to the hearing. 

When the court has agreed to postpone the hearing date.

When more than one person is appointed to serve as a decision-maker. 

A person appointed by the court to make financial decisions for the protected person. A conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the person subject to conservatorship.

A conservatorship exists when the court appoints a conservator to handle financial matters for another person. The person for whom a conservator handles financial affairs is called a person subject to conservatorship. Conservatorships are appointed to protect the finances of the person subject to conservatorship. 

In emergency situations where the process of petitioning for a general conservatorship (or guardianship) is reasonably expected to cause danger to the respondent’s personal safety or financial security, an emergency conservatorship (or guardianship) may be requested. In this instance, the requirement of providing a minimum of two weeks’ notice to the respondent and interested persons is waived.

An emergency conservatorship (or guardianship) is granted for a specific, usually short, duration. See Minn. Stat. § 524.5-311 for Emergency Guardian. See Minn. Stat. § 524.5-409, subd. 2 for Emergency Conservator.

A person’s income, assets, real estate, or any other financial holdings.

Minnesota law states that the court may authorize a case to proceed in formal pauperis, without payment of court costs for those who qualify based on current federal poverty guidelines. See Minn. Stat. § 563.01. The court will consider the income and assets of the Person Subject to Guardianship.

Another law states that counties may be responsible for paying guardian, attorney, or health care professional fees to establish or maintain guardianships. See Minn. Stat. § 524.5-502

The person appointed by the court to make personal decisions for the Person Subject to Guardianship, such as where to live, medical decisions, training and education, etc. 

A guardianship exists when a guardian is appointed by the court to handle personal decisions for another person. The person for whom a guardian handles personal affairs is called a Person Subject to Guardianship. Guardianships are only appointed to protect the personal well-being of the Person Subject to Guardianship. 

A court proceeding that is conducted before a judge or referee which allows a person or persons to present their case. 

An individual who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make personal decisions and who is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate tehnological and supported decision making assistance. 

A person who has suffered some injury-in-fact, a person who is the beneficiary of some legislative enactment granting standing, or a person who must have sufficient personal interest in the matter so that it is appropriate to allow that person to participate in the matter.

According to Minn. Stat. § 524.5-102, subd. 7 an "interested person" includes:

• The adult subject to guardianship or conservatorship, or respondent;
• The nominated guardian or conservator, or the appointed guardian or conservator;
• Legal representative;
• The spouse, parent, adult children (including adult step-children of a living spouse), and siblings; or if none of these are living or can be located, then the next of kin of the Person Subject to Guardianship, Person Subject to Conservatorship, or respondent;
• An adult person who has lived with the Person Subject to Guardianship, Person Subject to Conservatorship, or respondent, for more than 6 months;
• An attorney for the Person Subject to Guardianship or Person Subject to Conservatorship;
• A governmental agency paying, or to which an application has been made for benefits for the respondent, Person Subject to Guardianship, or Person Subject to Conservatorship, including the county social services agency for the person’s county of residence and the county where the court case is located;
• A representative of a state ombudsman’s office or a federal protection and advocacy program that has notified the court that it has a matter regarding the Person Subject to Guardianship, Person Subject to Conservatorship, or respondent;
• A health care agent or proxy appointed pursuant to a health care directive, a living will, or other similar document executed in another state and enforceable under Minnesota laws;
• In the case of a minor who is an Indian as defined under United States Code, title 25, section 1903, (1) the tribal chairman or delegated agent and (2) the regional direction of the minor child’s tribe with service by registered or certified mail under Code of Federal Regulations, title 25, parts 23.11 and 23.12; and
• Any other person designated by the court.

A document that describes all assets of the Person Subject to Conservatorship. A conservator is requires to file an Inventory with the court within 60 days of appointment. 

If there are other ways to assist an individual with their care and management of their finances, such as a family member providing the individual with assistance in making personal or financial decisions or appointing a Power of Attorney, these methods are considered “less restrictive alternatives” or “less restrictive means.”

Before the court appoints a guardian or conservator, less restrictive alternatives must be explored and ruled out before petitioning for the appointment of a guardianship or conservatorship. 

A sworn promise to perform and act faithfully and truthfully. 

Perjury is the crime of intentionally lying or misrepresenting the truth. By signing under penalty of perjury, you are stating that the information in your document is true to the best of your knowledge. 

A person who has a court appointed conservator because they lack the capacity or ability to make decisions regarding their financial affairs or estate. Before the rule changes in August 2020, this person was called the “protected person.” 

A minor or incapacitated adult who has a court-appointed guardian, lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and who has an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety. Before the rule changes in August 2020, this person was called the “ward.”

A legal document requesting action or relief from the court.

The person who brings a petition before the court.

The person for whom appointment of a guardian or conservator is sought.

Appointed by the court when the Person Subject to Conservatorship is still in need of a conservator, but the current conservator dies, resigns, or is removed.

A person appointed by the court when the Person Subject to Guardianship is still in need of a guardian, but the limited duration of the current guardianship is set to expire or the current guardian dies, resigns, or is removed. 

A person acting, either informally as a family member or friend, or formally, as a proxy, agent, guardian or conservator, on behalf of an incapacitated person in making relevant decisions regarding personal and medical issues and/or financial issues. 

Technological assistance that may be used to assist the Person Subject to Guardianship or Person Subject to Conservatorship may include, but is not limited to:

• Direct deposit/withdrawal;
  
• Computer-assisted communication;
• Computer-controlled wheelchairs;
• Seeing eye dogs; and
• Any other form of applied technology that can assist the person to retain their independence.