What is a Minnesota guardianship?

Who will be appointed guardian?

What is a Minnesota guardian required to do?

How to establish a Minnesota guardianship.

What happens after I'm appointed as Minnesota guardian?

Q: What is a Minnesota guardianship?

A Minnesota guardianship is the legal process that grants a person the legal authority to manage the life of another. Similar in many ways to the power and responsibility of a parent over a child, a guardian becomes responsible for the life and welfare of another person

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Q: Who will be appointed guardian?

Under the Minnesota Guardianship laws the following have the priority to be appointed guardian:

  • a current guardian or conservator (other than emergency or temporary guardian)
  • a person named under a current health care directive (as long as there are no restrictions contained therein) or durable power of attorney
  • a spouse or the written nominee of a deceased spouse
  • an adult child
  • a parent or the written nominee of a deceased parent
  • an adult who has lived with the proposed ward for at least six months before the filing of the petition
  • an adult who is related to the proposed ward by blood, adoption or marriage
  • any other adult or professional guardian.

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Q: What is a Minnesota guardian required to do?

The guardian is given the right to make decisions on behalf of the person with a disability. The authority of a guardian is limited to those areas of decision making for which there is evidence to indicate that a person is incapacitated. It's the guardian's responsibility to ensure that the ward's needs are being met with regard to medical care, living arrangements, food and social outlets. This doesn't mean that the guardian must provide all these things but, rather, that he/she will arrange for the needs to be cared for by qualified providers.

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Q: How to establish a Minnesota guardianship.

If you want to be appointed the guardian over another person, you will need to complete and file the necessary paperwork with the county in which the ward resides. The court will provide your documents to a Court Visitor who will meet with the ward to review the paperwork.

You will need to attend a hearing at the court. If the ward is unable to attend, a note from his/her physician is required.

If no one contests your appointment you should have an order appointing you that day. If someone does contest, then the court will set a date for a hearing to review the evidence.

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Q: What happens after I'm appointed as Minnesota guardian?

Minnesota guardianship law lists some annual reporting requirements for a guardian. You will need to complete a Personal Well Being Report.

A Personal Well Being Report provides information on the ward's current living situation, any restrictions on visitation, recommend whether the guardianship should continue and provide information on any compensation you received as guardian.

The law requires you to file the Report with the Court, provide a copy to the ward and serve it on anyone defined as an Interested Person (generally close family members).

The Report is due within 30 days of the anniversary of your date of appointment as a Minnesota guardian. 

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From within Hennepin County Unique Estate Law represents clients throughout Minnesota, including Minneapolis, Edina, Bloomington, St. Louis Park, Minnetonka, Plymouth, Wayzata, Maple Grove, St. Paul, and Brooklyn Park.

9.3Chris Tymchuck

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| Phone: 952-358-7400
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