GUIDING FAMILIES THROUGH THE SEASONS OF LIFE

Challenges to being co-guardian in Minnesota

Clients often ask me if it’s feasible for two people to be guardian for a loved one.   My answer, “It’s feasible. Whether it’s a good idea or not depends on your situation.”

What does it depend on?

  • Whether the two proposed guardians can work together. To be co-guardians you have to be able to communicate with one another AND be able to work together to arrive at decisions that are in the best interest of the person under guardianship.
  • The availability of both proposed guardians. Many times clients will tell me that they want to add a sibling or an adult child who is swamped with life right now and has no time to be guardian now, but they want the person on “just in case” the primary guardian dies.  In this situation, I recommend to the clients that the person with limited time not be guardian now. If you are co-guardians now, you are both equally responsible for acting on the person under guardianship’s behalf. You can’t just rely on a “primary” guardian and be on stand-by if something happens to that person.
  • Whether each proposed guardian can pass the background check. Minnesota law requires guardians to pass a background check initially, and then again every two years.

If it makes sense for your particular situation, given the foregoing, you certainly could consider asking the court to appoint co-guardians.

Categories

Subscribe to Minnesota Guardianship Blog via Email

Enter your email address to Minnesota Guardianship Blog and receive notifications of new posts by email.

Contact Us

Call Us 763-682-2247

Spence Legal Services

12800 Whitewater Drive, Suite 100
Minnetonka, MN 55343
Fax: 763-447-3661
Map and Directions

Appointments Available By Request

Edina
Minneapolis – North Loop
Bloomington
St. Louis Park
Woodbury

Subscribe to Minnesota Guardianship Blog via Email

A blog about all things guardianship and conservatorship.