FAQ Friday is a new part of this blog where Spence Legal Services will provide answers to frequently asked questions on guardianships and conservatorships in Minnesota. If you have a question that you would like answered for a future post, please submit it to Spence Legal via email (our contact information can be found on the “Contact Us” tab on this website).
FAQ: How long does it take to get guardianship over someone in Minnesota?
The answer is that it depends. It depends on what county the case is in (typically where the individual resides). It depends on whether the matter will be contested or uncontested. It depends on whether you are filing for an emergency or general guardianship. It depends on the court’s calendar (when a judge is available to hear the case).
In general, if the matter is uncontested and it is a general guardianship (as opposed to an emergency), it takes between 4 – 6 weeks. (But, again, it depends on the county and the court’s calendar).
If the matter is contested it can take many months before the guardianship is established.
If it’s an emergency, the matter is typically decided (or at least set for hearing) within a week of filing the guardianship petition.
Because there are so many variables, you should consult with an attorney about the specific facts of your situation.