FAQ 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.
Guardians in Minnesota are required to file a “Personal Well Being Report” annually, pursuant to Minn. Stat. 524.5-316. Why is this required? What is involved? How is this done? Who gets the report? Answers to these questions and more!
FAQ on Personal Well Being Reports:
There are co-guardians. Do each of us need to sign the report? YES. Each guardian needs to sign the completed personal well being report.
Nothing has changed. Do I still need to complete the report? YES. Even if nothing substantive has changed, you are required to fill out a new report each year.
The ward is mentally impaired and won’t be able to understand the report. Do I still need to serve her with a copy? YES. Even though it seems futile to do so in some cases of extreme impairment, you must serve the Ward and file an affidavit of service.
What do I need to put in the Personal Well Being Report? It doesn’t need to be super detailed. Just answer the questions about the ward’s living situation, medical condition, any restrictions imposed, etc. The idea behind the report is to give the Court and Interested Persons a summary of what has happened in the past year, so that if there are any changes or areas of concern, the Court and Interested Parties are aware and could act, if necessary.
Once the Personal Well Being Report is completed, what do I do with it? Serve it on the Ward and Interested Persons (as defined in Minn. Stat. 524.5-102) and file the original with the Court (along with an Affidavit of Service).