If you want to be a guardian or conservator for someone in Minnesota, you have to complete a guardianship and conservatorship background study. Here are some of the most frequently asked questions that I receive from clients about guardianship and conservatorship background studies in Minnesota.
- I have to do a background study for my job, does that count? No, unfortunately not. Even if you have to do a background study for your job, you need to complete the background study that is required under Minnesota guardianship statutes.
- Once I do the background study, am I done, or do I have to do it again in the future? The current requirement is that you do the background study ever 2 years. Be sure to complete it before your 2 year anniversary of being appointed, so that the Court doesn’t issue an Order to Show Cause, requiring you to come in to Court and explain why you haven’t done another background study.
- Are there any exceptions that would exempt me from having to complete a background study? There are a few exceptions. The primary exception is if you are the parent of a developmentally disabled child who has lived with you in the family home for his entire life.
- Where do I get the form for the background study? You can get the form on the Minnesota State Court Website. The directions for completing the form and for instructions on where to send it are on the second page of the form.
- Where can I find out more information about the background study that is required for Minnesota guardianships and conservatorships? Minn. Stat. 524.5-118 governs the background study requirement and will provide you with more information on what is required.