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 over the last year.  The guardian discloses the condition of the ward (mentally, physically and socially), the living situation, whether any restrictions have been placed on the person’s right to communicate/visit with people of his/her choosing, an opinion on the adequacy of care the person has received, whether continued guardianship is necessary and whether the guardian has been reimbursed for any services to the ward (that were not reimbursed by county contract).  The guardian needs to take the completion of this report seriously and get it filed with the Court and served on the person under guardianship and interested persons, within 60 days of the anniversary date.  If it isn’t filed on time, the Court will call the guardian back in to court to explain why it hasn’t been filed.  

Help! My Minnesota Conservator is Confusing!

“Help!  My Minnesota Conservator is confusing!”

I hear this often from callers to Spence Legal.

MyMNConservator is Minnesota’s online conservatorship accounting program that allows (requires) conservators to file their inventory and annual accountings, which are required, electronically. While the MyMNConservator system has received national recognition, it is not free from complaints.

For the family (non-professional) conservator, MyMNConservator (“MMC”) is confusing. Heck, even for professional conservators (conservators for several non-family member clients), MyMNConservator can be challenging.  I think part of what makes it so challenging is that each conservatorship is unique – in terms of assets, income and expenses. The categories offered by MMC don’t always cover the situation. Gathering and entering the appropriate data can be a challenge, particularly during the first year of the conservatorship, when the conservator is just getting used to the assets and expenses of the protected person. Many family conservators are “old school” themselves and do not have the knowledge or sophistication to use an online accounting program, even when there are tutorials, guides and a help line available. I often see family conservators in court explaining to the judge that they don’t even own a computer (really!) and they just want to file their accounting with pencil and paper. Unfortunately, Courts only grant requests to file conservatorship accountings on paper in extraordinary circumstances.

Spence Legal assists conservators with MyMNConservator (and its’ predecessor – CAMPER).  If you need help with MyMNConservator, whether it’s creating an account, naming a designated agent, preparing an Inventory, entering accounting data or completing an annual or final account, please feel free to reach out to Cindi Spence at Spence Legal Services, (763) 682-2247.


Annual Reports Required By Minnesota Guardians

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.