I am honored to be featured in the June 2015 issue of Attorney at Law Magazine article “Cindi A. Spence: Solo Practitioner of the Month“. For those of you interested in reading about how I became interested in the area of guardianship and conservatorship law, and why I do what I do, take a look at the article.
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.
Being a guardian for your loved one is an important responsibility. For those individuals who aren’t “professional” guardians, the responsibilities can be confusing and overwhelming, especially during the first year when you are getting used to your new role as guardian. Here are a few tips to help with your role as guardian:
- File and serve your Personal Well Being Report/Annual Notice of Right to Petition for Restoration on time. It’s due on the anniversary of your appointment as guardian. The forms can be found on the Minnesota District Court Website under the “Annual Reporting Forms” section.
- You can’t just dispose of personal belongings of the ward. You need to first give Notice to the ward and interested persons of your intent to do so. The forms can be found on the Minnesota District Court Website under the “Other Materials” section.
- Don’t forget that the ward retains rights, even when under guardianship. The Bill of Rights for Wards and Protected Persons can be found at Minn. Stat. 524.5-120.
- You need to have a background study completed every two years. The statute that sets forth the requirements for the background study is Minn. Stat. 524.5-118. The form for the background study can be found on the Minnesota District Court website under “Establishing Guardianship/Conservatorship” section.
- Unless restricted by Court Order, the ward retains the right to vote. As guardian, you should make sure that the ward has the opportunity to exercise this important right, if he/she wants to do so.
As always, if you have more specific questions about your role as guardian, you should consult with an experienced guardianship and conservatorship attorney.