With election day soon approaching, you may be wondering if your loved one that is under guardianship or conservatorship in Minnesota retains the right to vote. The answer is yes, they mostly likely do still have the right to vote. Minnesota Statute 524.5-313, which sets forth the powers and duties of a guardian, states “unless otherwise ordered by the court, the ward retains the right to vote.” Further, the Bill of Rights For Wards and Protected Persons, Minnesota Statute 524.5-120, also delineates: “The ward or protected person retains all rights not restricted by court order and these rights must be enforced by the court. These rights include the right to . . . (14) vote, unless restricted by the court.”
So, it is necessary for you to look at the Order that was issued by the Court initially appointing the guardian (and any Orders subsequently issued by the Court) and see whether that somehow restricts the right to vote. If it doesn’t, then the ward may still vote. Despite the guardianship, the ward is still an individual whose voice still matters, so encourage him or her to have their voice heard and get out and vote!
As always, if you have specific questions about the rights of individuals under guardianship in Minnesota, please contact Buffalo, Minnesota Attorney Cindi Spence Matt.