Founding Attorney
When someone you love is no longer able to make safe or informed decisions, you may find yourself asking: How do I prove they need help? It’s a question we hear often, and it’s an important one. Starting the guardianship process in Minnesota means preparing to show the court not only that a loved one needs assistance but also that you—or someone else—can be trusted to provide that support. Here, we’ll walk through the type of evidence you’ll need and why it matters.
Presenting Evidence in the Initial Guardianship Petition
The guardianship process begins with a formal petition to the court. This petition outlines why the individual can no longer manage certain areas of their life and why the proposed guardian is the right person to help. However, the court requires more than just personal beliefs or opinions.
Right from the start, supporting documents should be submitted with the petition. This might include:
- A doctor’s written statement or medical evaluation
- Statements from friends, family, or caregivers
- Financial records or notices indicating missed payments or misuse of money
We help our clients prepare this initial filing carefully, making sure every claim is supported with the right type of evidence. The goal is to give the court a clear picture of the person’s current situation and what kind of help they need.
Types of Evidence the Court Typically Requires
Every guardianship case is different, but Minnesota courts usually look for a few common types of information. Each plays a role in showing the need for legal support and oversight.
Medical Records and Physician Statements
Medical evidence often forms the foundation of a guardianship petition. A written statement or evaluation from a licensed physician helps demonstrate that the person is experiencing cognitive, physical, or mental challenges.
The court wants to see documentation of:
- Diagnosed conditions that affect decision-making
- The person’s ability (or inability) to manage daily needs
- Whether these difficulties are expected to improve or get worse
A physician doesn’t always need to appear in court, but their written statement should be recent, detailed, and based on firsthand observation. We help clients request and review these records before filing so there are no surprises later.
Personal Observations and Testimony from Family or Friends
Alongside medical records, firsthand observations can show how someone is struggling. These stories put the medical findings into real-world context. You might share examples of:
- Missed medications or doctor appointments
- Unpaid bills piling up
- Confusion when speaking or remembering names and dates
- Unsafe behavior like leaving the stove on or wandering outside
Whether these details come in a written statement or live testimony at the hearing, they show the court how the person is functioning day to day.
Evidence of Financial Mismanagement or Safety Risks
In many cases, the person’s safety or finances have already been affected. The court may look at:
- Bounced checks or unpaid utility bills
- Evidence of falling for scams or being financially exploited
- Police reports or calls to emergency services
- Photos showing unsafe or unsanitary living conditions
This type of evidence helps the court understand the risks of leaving the person without legal support. If there’s a pattern of financial loss or personal danger, it strengthens the case for appointing someone to step in and help manage those areas.
How We Help You Gather and Present This Evidence
You don’t have to collect all of this on your own. At Unique Estate Law, we guide you through each part of the process—from identifying the right records to preparing for the hearing. We help you:
- Request statements from doctors or caregivers
- Choose the strongest stories and witnesses
- Organize financial or safety-related documents
- Present everything clearly in court
We’re here to make sure your case is thorough, respectful, and aligned with Minnesota law. Our role is to make this process as straightforward as possible while protecting the well-being of the person you’re trying to support.
Preparing for a Stronger Guardianship Case
When someone’s safety, health, or finances are at risk, taking legal action can feel overwhelming. But having the right evidence makes all the difference. If you’re considering guardianship for a loved one, contact Unique Estate Law. We’ll help you understand your options and take the right next step with confidence.