What forms does a Guardian in Minnesota have to file annually?
A Guardian in Minnesota must file a Personal Well Being Report (Annual Report of Guardian) (required by Minn. Stat. 524.5-316) and an Annual Notice of Right to Petition for Restoration to Capacity or Other Relief (required by Minn. Stat. 524.5-310(g)) . These forms are available on the Minnesota State Court website, under Court Forms/Guardianship/Annual Forms.
These forms are due annually within 30 days of the anniversary of the appointment as Guardian. They must be: 1) Filed with the Court; 2) Served upon Interested Persons (as defined in the Guardianship statute); 3) Served upon the Ward. If an Interested Person does not want to receive these annual reports, he/she can notify the Court and Guardian in writing and opt out of service.
The purpose of the Personal Well Being Report is to notify the Court of what has happened to the Ward within the past year. The Court reads the reports and if anything seems out of ordinary, the Court could set it for hearing or further inquire of the Ward.
The purpose of the Annual Notice of Right to Petition for Restoration to Capacity is to remind the ward (and Interested Persons) of the statutory options/rights that the ward could pursue if he/she believes that a guardianship is no longer necessary or appropriate (or if the ward wants other relief).
If you have questions about the Annual Reports required to be filed by Guardians in Minnesota, or other guardianship or conservatorship questions, please contact experienced Minnesota Guardianship Attorney Cindi Matt at Matt Legal Services.