Annual Reporting Requirements for Minnesota Guardians

report

As guardian, you have certain annual reporting requirements.  The statute governing your annual reporting requirements as a guardian in Minnesota is Minn. Stat. 524.5-316.

Your reporting duties include the following:

  • Personal Well Being Report/Annual Notice of Right to Petition for Restoration (this is a report that gives information about the ward’s current condition, living situation, any restrictions that have been placed upon visitation/communication, a recommendation as to whether guardianship should continue, and information on any compensation the guardian has received).
    • This must be served on the ward
    • It must also be served on Interested Persons as defined in Minnesota Statute 524.5-102
    • It must be filed with the Court, along with an Affidavit of Service.

This report is due within 30 days of the anniversary date of your appointment as guardian.  If you fail to file it, the Court will issue an order to show cause, requiring you to appear and explain why you haven’t filed it.  In certain counties, you will be assessed costs if an order to show cause is issued.

As always, if you have questions about your responsibilities as guardian, you should contact an experienced guardianship and conservatorship attorney.

FAQ Friday: What Paperwork Must a Guardian File Annually?

faq brownFAQ Friday is a new part of this blog where Spence Legal Services will provide answers to frequently asked questions on guardianships and conservatorships in Minnesota.  If you have a question that you would like answered for a future post, please submit it to Spence Legal via email (our contact information can be found on the “Contact Us” tab on this website)

FAQ:  What paperwork is a guardian required to file with the Court each year?

A guardian must complete and file with the Court an “Annual Well Being Report” and a “Notice of Right to Petition For Restoration to Capacity” within 30 days of the anniversary of their appointment as guardian.   These documents are simple forms that are available through the Minnesota State Court Website.   These forms must be completed by the guardian (by EACH guardian if there is more than one guardian), a copy served on the Ward and Interested Persons and filed with the Court (along with an Affidavit of Service).  The statute governing these reports is Minn. Stat. 524.5-316

Although most guardians are able to complete these forms on their own, some guardians find it helpful to have an attorney assist them with it the first year that they do it.

 

Ratings and Reviews

Follow me on Twitter!