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When someone is placed under guardianship, it’s usually because a court decided they needed help making important life decisions. But what happens when that person’s condition improves or the situation changes? Does the guardianship have to continue? The short answer is no—not always. In Minnesota, there’s a clear process to end a guardianship when it’s no longer needed. If you’re wondering whether it’s time to make a change, we’ll walk you through the steps to get started.
Understanding Guardianship in Minnesota
Guardianship is a legal arrangement where a court gives someone (the guardian) the authority to make decisions for another person. This usually happens when the court believes an individual cannot make safe or informed decisions on their own.
Guardianship may be established for:
- An adult with cognitive or mental health challenges
- A minor whose parents are unable to provide care
The guardian might have authority over decisions about housing, healthcare, education, or other personal matters. While guardianship can provide important protections, it also limits a person’s rights. That’s why courts allow for the possibility of termination when it’s no longer needed.
Common Reasons to Terminate a Guardianship
There are several situations where a guardianship may come to an end. Sometimes, the individual’s condition improves, or circumstances shift in a way that makes guardianship unnecessary.
Here are a few common reasons:
- The person in need of assistance regains the ability to make decisions independently
- A minor turns 18 and becomes a legal adult
- A better support system is now in place
- The guardian can no longer serve due to health or other concerns
- The person in need of assistance passes away
In any of these cases, the court must approve the termination. Even if everyone agrees, the process must follow Minnesota law.
How to Request Termination of Guardianship in Minnesota
Ending a guardianship in Minnesota involves several steps. Here’s how it works:
1. File a Petition with the Court
You’ll start by filing a written request—called a petition—with the probate court. This petition should explain why you believe the guardianship should end. Anyone involved in the case can file, including:
- The person subject to guardianship
- The current guardian
- A family member or concerned individual
2. Notify Interested Parties
Once the petition is filed, you’ll need to notify others involved. This includes the person subject to guardianship, the guardian, and other individuals the court may have identified as interested parties. Notice must be given in writing and follow specific rules and deadlines.
3. Provide Supporting Evidence
The court may require updated information about the condition of the person subject to guardianship. In most cases, this means getting a medical or psychological evaluation. A licensed professional may need to submit a report stating whether the person is now able to manage on their own.
4. Attend a Court Hearing
The court will schedule a hearing. During the hearing, the judge will listen to testimony, review documents, and ask questions. The person subject to guardianship may speak, as can the guardian and anyone else with relevant information.
5. Judge Makes a Decision
If the judge agrees that the guardianship is no longer needed, they will issue an order ending it. In some cases, the judge might decide to reduce the scope of the guardianship instead of ending it entirely. That could mean switching from full guardianship to limited authority.
What Happens After Termination?
When the court ends the guardianship, the individual regains the right to make their own decisions. This includes choices about where to live, what medical treatment to receive, and how to handle finances (if financial authority was included).
The guardian may need to:
- File a final report with the court
- Return any property or records they were managing
- Help transition care, if needed
Support doesn’t disappear after termination. Families and professionals can still provide guidance, just without court oversight.
How We Can Help
If you’re thinking about ending a guardianship—or wondering whether it’s time to review an existing one—we’re here to guide you. We’ll help you understand your options, prepare the necessary documents, and represent you in court if needed.
At Unique Estate Law, we’re committed to helping Minnesota families make thoughtful decisions about guardianship and long-term care. Reach out today to schedule a consultation. Let’s talk about how we can support you.