GUIDING FAMILIES THROUGH THE SEASONS OF LIFE

Venue is the place where a court action is filed (which District Court the action is filed in). In Minnesota, venue for guardianships and conservatorships is governed by Minn. Stat. 524.5-108. It provides, in pertinent part:

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(b) Venue for a guardianship proceeding for an incapacitated person is in the county of this state in which the respondent resides and, if the respondent has been admitted to an institution by order of a court of competent jurisdiction, in the county in which that court is located. Venue for the appointment of an emergency or a temporary guardian of an incapacitated person is also in the county in which the respondent is present.

(c) Venue for a protective proceeding is in the county of this state in which the respondent resides, whether or not a guardian has been appointed in another place or, if the respondent does not reside in this state, in any county of this state in which property of the respondent is located.

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(e) If it is in the best interest of the ward or protected person, the venue may be transferred to another county. Upon the filing of a petition by any interested person, or upon the court’s own motion, the court shall fix a time and place for the hearing on the transfer. Notice must be given to interested persons, the district court of the county to which venue is proposed to be transferred, and any other party the court designates. Upon proof that a transfer of venue is in the best interest of the ward or protected person or the ward or protected person’s estate, and upon settlement and allowance of the conservator’s accounts, if any, to the time of the hearing, the court shall transmit the entire file to the court of the other county, where all subsequent proceedings must be held.

So for guardianships or conservatorships, determine where the ward/protected person resides. This is where the case will be venued originally. If this is an emergency proceeding, it can either be venued in the county where the person resides OR in the county in which the person is present.

The venue can be changed, by motion or the court’s own initiative, if it is in the best interest of the ward or protected person. An example of when this would be appropriate would be if the action is originally filed in one county because the ward resides there, but during the course of the proceeding the ward moves to a different county.

As always, if you have specific questions about venue or guardianships and conservatorships in general, please contact experienced guardianship attorney Cindi Spence Matt at Matt Legal Services.