In Minnesota, conservatorship and guardianship are legal arrangements that provide adults or children with protection and support when they are unable to care for themselves or manage their own affairs.
Guardianship
Guardianship in Minnesota is a legal relationship where a court appoints an individual (the “guardian”) to make decisions an adult who is unable to make personal decisions due to incapacity. Guardianship focuses primarily on the care and well-being of the person under guardianship.
Guardianship of an Adult (Incapacitated Adult)
- When is it used?: Guardianship is typically used when a person is unable to manage their own personal affairs due to mental illness, physical or mental incapacity, or age-related decline. This can include individuals with severe developmental disabilities, dementia, or those who are incapacitated due to illness or injury.
- Who can be appointed?: A guardian may be a family member, friend, or professional. The court will prioritize the individual’s best interests when selecting a guardian.
- Responsibilities of the Guardian: The guardian’s duties include ensuring the adult has adequate housing, medical care, and personal care. Guardians can make decisions regarding the adult’s living situation, health care, and personal safety. However, a guardian does not have authority over financial matters unless they are also appointed as a conservator.
Conservatorship
Conservatorship is a legal arrangement where a court appoints an individual (the “conservator”) to make decisions regarding the financial affairs and property management of an individual (the “conservatee”) who is unable to manage these matters due to incapacity. Conservatorship does not affect personal decision-making (which is handled by guardianship); instead, it focuses on managing the person’s assets, income, and financial responsibilities.
Types of Conservatorship
- Conservatorship for an Incapacitated Adult
- When is it used?: Conservatorship for an adult is typically used when an individual cannot manage their financial affairs due to mental illness, dementia, brain injury, or other cognitive impairments. The individual may be unable to pay bills, manage investments, or make financial decisions due to their condition.
- Who can be appointed?: The court can appoint a family member, professional fiduciary, or another responsible person to serve as conservator.
- Responsibilities of the Conservator: The conservator is responsible for managing the conservatee’s financial matters. This includes paying bills, managing property, investing money, and protecting assets. The conservator may also be tasked with filing annual reports to the court detailing the conservatee’s financial situation.
- Conservatorship for a Minor
- When is it used?: A conservatorship may also be established for a minor child if the child has significant assets or an inheritance that needs to be managed until the child reaches the age of majority.
- Who can be appointed?: A family member, often a parent, may serve as a conservator for the minor child’s finances.
- Responsibilities of the Conservator: The conservator manages the child’s finances, including making decisions on how to invest the child’s assets, paying for the child’s expenses, and ensuring the child’s financial needs are met.
How is Conservatorship or Guardianship Established?
- Petition: A petition for conservatorship and/or Guardianship is filed with the court by someone interested in the person’s welfare (such as a family member or a public guardian). The petition must show that the person needs help with managing their finances and that they are incapable of doing so independently for conservatorship and for a guardianship the petition must outline the reasons why the guardianship is necessary and who is being proposed as the guardian.
- Court Hearing: A judge will review the petition and hold a hearing. Evidence, including medical evaluations, may be presented to show the person’s incapacity to manage financial affairs or need for guardianship. The court may order an evaluation to determine the person’s capacity to care for themselves and whether they need a guardian.
- Best Interests: The judge will determine whether the person needs a conservator or guardian and will appoint someone to act in the person’s best interests. The conservator will be responsible for managing the person’s assets and financial obligations. For guardianship, the court considers the individual’s desires, if they are able to express them, and selects a guardian who will fulfill their needs.
How to End Guardianship or Conservatorship in Minnesota
Both guardianship and conservatorship are court-supervised arrangements, and they can be modified or terminated if circumstances change. For example:
- Guardianship can end if the individual regains capacity, the guardian’s responsibilities are no longer needed.
- Conservatorship can end if the individual regains the ability to manage their financial affairs or if they pass away. Additionally, if the conservator is no longer able to fulfill their duties, they may be replaced.
A formal petition to terminate or modify the guardianship or conservatorship must be filed with the court. The court will review whether the arrangement is still in the person’s best interests.
For more information contact Tuft, Lach, Jerabek & O’Connell, PLLC online or at 651-771-0050 to schedule a consultation with one of our experienced family law attorneys.
