GUIDING FAMILIES THROUGH THE SEASONS OF LIFE

Guardianship and Conservatorship Court in Minnesota

Clients often ask me what they can expect at the court hearing on the petition for guardianship and conservatorship.  Caveat – this applies to uncontested hearings.  Contested hearings are completely different – and are typically like a trial where the rules of evidence apply.  Even with uncontested hearings, there is a caveat.  And that is that each county and indeed, each judge, does things differently.  But in general, for an uncontested hearing on a petition for guardianship and/or conservatorship, you can expect the following: Once

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Disposal of Ward’s Personal Effects in Minnesota Guardianships

How does a guardian dispose of personal property of a person under guardianship in Minnesota? Can the guardian just sell or donate clothing, furniture, vehicles, etc. ?  Minn. Stat. 524.5-313(c)(3) provides the procedures that a guardian must follow before disposing of personal items of a person under guardianship. Essentially the Guardian has to fill out a form/notice (available at www.mncourts.gov) indicating what the guardian intends to sell/dispose of and to whom/how.  The notice must be served on the person under guardianship and on interested persons. 

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Guardianship Video Required To Be Viewed Before Appointment As Guardian in Minnesota

One of the requirements of becoming a guardian or conservator in Minnesota is that you must view a guardianship video that is produced by the 4th Judicial District.  It is required viewing in all judicial districts in Minnesota.  The video is about 30 minutes long and gives an overview of guardianship, conservatorship and your responsibilities as guardian and conservator.  Prior to being appointed, you will be required to sign an Acceptance and Oath, in which you confirm and swear that you viewed the guardianship video. 

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Respondent in Minnesota Guardianship Has Right to Private Attorney

A respondent in a guardianship or conservatorship action in Minnesota has the right to have a private attorney, rather than court appointed counsel.  The attorney can be hired by the respondent (if the respondent isn’t under emergency guardianship, then he/she still retains the right to contract) or provided by family members. Minn. Stat. 524.5-304 provides the details about the respondent’s right to counsel in guardianship actions in Minnesota.  It provides, in pertinent part: (b) A proposed ward has the right to be represented by counsel at

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Jurisdiction in Minnesota Guardianship Proceedings

In order for the Court to have jurisdiction over an individual for guardianship proceedings, the individual must be served with a copy of the Petition for Guardianship.  See Minn. Stat. 524.5-308. This is typically served on the individual by the Court Visitor, who meets with the individual and reads (or summarizes) the petition to him/her and then reports back to the court on the status of the individual and whether he or she appears to be in need of a guardian.  There are instances where

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Annual Reporting in Minnesota Guardianship

A guardian has a duty and responsibility to report to the Court annually (on the anniversary of the guardianship – which coincides with the issue date of the Letters of Guardianship) on the condition and well being of the person under guardianship.  Minn. Stat. 524.5-316 addresses the contents of the annual personal well being report.  It is a pretty basic report, meant to summarize for the Court both the current condition of the person under guardianship, as well as what has transpired with that person

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A blog about all things guardianship and conservatorship.