What is the Personal Well Being Report? When does a guardian have to complete and file it? Who else receives the report? Does the Court really look at them? What if someone disagrees with what is contained in the report? What if the guardian fails to file the Personal Well Being Report?
What is a Personal Well Being Report?
- A Personal Well Being Report is required each year for guardianships, pursuant to Minnesota Statute 524.5-316.
- A Personal Well Being Report is a form that is available through the Minnesota Court Website.
- It is a Report that provides basic information about the Ward’s current mental, physical and emotional condition; where the Ward is currently living; whether any restrictions have been placed upon who can visit with the Ward (and if so, why); what medical services have been rendered to the Ward in the past year; how often the Guardian has seen the Ward in the past year; the Guardian’s opinion on whether the guardianship should continue; whether there have been any changes in the criminal background of the Guardian; and how much compensation the Guardian has received for services in the past year.
When must it be completed?
- It must be completed by the guardian each year within 30 days after the anniversary date of the appointment as guardian.
What needs to be done with it after it is completed each year?
- It must be served on the Ward and Interested Persons.
- It must also then be filed with the Court (along with an affidavit of service, indicating that the Ward and Interested Persons were served).
Do Courts really read the Personal Well Being Report?
- Yes, court staff and Judges review the reports that are filed.
- If something in the report raises a red flag or looks like it would necessitate further hearing or investigation, the Court could take action, including appointing a Visitor to interview the Ward or investigate something, issuing an Order to Show Cause, or other action that the Court deems appropriate and necessary.
What if a Ward or Interested Person disagrees with what is written in the Personal Well Being Report?
- Under Minn. Stat. 524.5-316(b), “A ward or interested person of record with the court may submit to the court a written statement disputing statements or conclusions regarding the condition of the ward that are contained in the report and may petition the court for an order that is in the best interests of the ward or for other appropriate relief.”
What if the guardian fails to file the Personal Well Being Report?
- If the Personal Well Being Report is not filed within 60 days of the anniversary date, the Court will issue an Order to Show Cause, requiring the Guardian to come before the Court and explain why it hasn’t been filed.
- Many counties will first send a Reminder Notice to the Guardian, giving the Guardian a certain limited amount of time to file the report before an Order to Show Cause issues.