A few weeks back we discussed conservatorships in Minnesota and how they operate. Let’s now turn to a related subject: guardianships.

As we mentioned, conservatorships exist when a person is unable to manage their financial affairs. Judges then appoint another person to make financial decisions for the protected person. So what’s a guardianship? Keep reading to find out.

What is a Minnesota guardianship?

Minnesota guardianships exist when a person has been determined to be unable to make decisions about their own personal care. A guardian is then selected and required to care for nearly every aspect of that person’s life. The person appointed as guardian has the power to dictate where the protected individual will live and even what medical treatment they will receive.

How is a guardianship created?

Guardianships, much like Minnesota conservatorships, exist when someone has been found to be unable to make personal decisions for him or herself, meaning the person has been found to lack capacity. Incapacity is based on clear and convincing evidence that the protected individual is unable to make essential decision on his or her own behalf. Once this determination has been made, a judge then appoints a guardian to act as the decision maker for the protected person (also known as “the ward”). The protected person is then unable to manage his or her own affairs until they are proven capable of handling the responsibility.

What are the duties of a Minnesota guardian?

Guardians have numerous responsibilities, something that can make the job an especially challenging one. Guardians are responsible for tending to the protected person’s care, meaning they must ensure that the person has food, shelter and is receiving proper medical care. Guardians are also responsible for providing reasonable clothing for the protected person and caring for their personal effects. Guardians are even tasked with knowing the person’s religion and following any important religious requirements.

Guardians are obligated to check in regularly with a judge, reporting on the protected person’s well being at least once every year. The reports should be rather exhaustive, containing information about the person’s physical, mental and social condition as well as a rundown of what services have been provided to the protected person and a recommendation of whether the guardianship should continue. Finally, guardians must file an official notice with the court every time they want to dispose or sell any of the protected individual’s property or personal effects.

Should I plan for a Minnesota guardianship?

Rather than create a guardianship, Minnesotans can rely on other options such as informal arrangements with family or friends or formal legal arrangements such as a durable power of attorney. These other arrangements can sometimes serve the same purpose as a guardianship. However, if you believe there is a chance that someone could challenge these arrangements then you might want to consider preparing a guardianship backup plan. Anyone can petition to be a guardian for an incapacitated individual and these guardians have the power to throw out any previous estate planning arrangements. By preemptively selecting a potential future guardian you can protect yourself from the possibility of someone attempting to have himself or herself appointed as your guardian.

Dealing with impaired or incapacitated loved ones is a notoriously difficult and emotionally trying experience. An experienced Minnesota estate planning lawyer can help walk you through the process of handling delicate situations like those involving conservatorships or guardianships. For more information on estate planning in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.

Source: “Conservatorship and Guardianship in Minnesota,” by, published at MNCourts.gov.

See Our Related Blog Posts:

Minnesota Estate Planning Law: Minnesota Conservatorship

Minnesota Estate Planning And The Purpose Of A No-Contest Clause