Minnesota Guardianship Laws: Minors, Adults and Conservators (2026)

In Minnesota, guardianship and conservatorship are district court proceedings under Article 5 of the Uniform Probate Code, Minnesota Statutes sections 524.5-101 to 524.5-502, which the statute calls the Uniform Guardianship and Protective Proceedings Act. A guardian makes personal decisions and a conservator manages property, and the court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person is an incapacitated person and that the person's identified needs cannot be met by less restrictive means, including supported decision making (Minn. Stat. §§ 524.5-101, 524.5-310(a)).

Minnesota's modern text calls the person protected a "person subject to guardianship" or "person subject to conservatorship"; older wording, "ward," still appears, defined as "an individual for whom a guardian has been appointed" (§ 524.5-102). Guardianship of children is narrower here than in many states: apart from temporary and emergency appointments, a court may appoint a guardian for a minor only if both parents are deceased or all parental rights have been terminated (§ 524.5-204). For how other states compare, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Minnesota state law on guardianship of minors and adults and on conservatorship in Minn. Stat. ch. 524, art. 5, the standby and temporary custodian designation in chapter 257B, and the statutory alternatives. It does not cover custody disputes between parents (see Minnesota child custody laws), grandparent visitation (see Minnesota grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Minnesota probate), juvenile protection cases, public guardianship under chapter 252A, or civil commitment.

Minnesota guardianship terms and where the law lives

The guardianship article runs from § 524.5-101 to § 524.5-502. Adult interstate cases fall under a separate act in the same chapter, the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act," §§ 524.5-601 to 524.5-903 (§ 524.5-601).

The article does not reach every case involving a child or a person with a disability. It "does not apply to any matters or proceedings arising under or governed by chapters 252A, 259, and 260C" (§ 524.5-106), which cover public guardianship for persons with developmental disabilities, adoption and juvenile protection. Those chapters are a separate track.

The adult side rests on this definition:

"Incapacitated person" means an individual who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make personal decisions, and who is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision making assistance.

Minn. Stat. § 524.5-102

Both parts are required: impaired decision-making capacity, and inability to meet the listed personal needs even with technological and supported decision making help.

How to get guardianship of a child in Minnesota

Minnesota sets a narrow test:

The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and: (i) both parents are deceased; or (ii) all parental rights have been terminated by court order.

Minn. Stat. § 524.5-204(a)

A permanent judicial guardianship of a minor in Minnesota therefore is not available on the ground that a living parent consents or cannot care for the child, if that parent's rights remain intact. A temporary guardianship of up to six months may be ordered whether or not those conditions are met, on a showing of immediate need and best interest (§ 524.5-204(b)), as described below. Where a parent is alive, the statute's other tools are a parent's power of attorney and a chapter 257B standby or temporary custodian designation, both described below; disputes over custody itself fall under custody law.

Who may petition. "A person interested in the welfare of a minor may petition for appointment of a guardian" (§ 524.5-205(a)).

Who gets notice. Notice goes to, among others the section lists, the minor if 14 or older and not the petitioner, any person alleged to have had the primary care and custody of the minor during the 60 days before the petition was filed, and each living parent of the minor or, if there is none, the adult nearest in kinship who can be found (§ 524.5-205(b)).

A lawyer for the child. If the court determines at any stage that the minor's interests are or may be inadequately represented, it may appoint a lawyer for the minor (§ 524.5-205(e)).

The child's choice. The court must appoint a person nominated by a minor who is 14 or older unless it finds the appointment contrary to the minor's best interest (§ 524.5-206(a)).

What a guardian of a minor may decide. The guardian has "the powers and responsibilities of a parent who has not been deprived of custody of the minor and unemancipated child," except that the guardian is not legally obligated to provide for the child from the guardian's own funds (§ 524.5-207, subd. 1). No guardian may consent to psychosurgery, electroshock, sterilization or experimental treatment of any kind unless the procedure is first approved by court order; a guardian may consent to the marriage or adoption of the child (§ 524.5-207, subd. 2(c)).

When it ends. "A guardianship of a minor terminates upon the minor's death, adoption, emancipation, attainment of majority, or as ordered by the court" (§ 524.5-210(a)).

A child's money without a conservator. A person may transfer money or personal property to a minor, up to the amount allowable as a tax-exclusion gift under section 2503(b) of the Internal Revenue Code or a different court-approved amount, by transferring it to, among other options, the person with care and custody of the minor with whom the minor resides, the minor's guardian, or a custodian under the Uniform Transfers To Minors Act (§ 524.5-104(a)). A caretaker or guardian who receives money this way may use it only for the child's support, care, education, health and welfare, and must turn any balance over to the child on emancipation or majority (§ 524.5-104(d)).

Temporary and emergency guardians for a minor

On a showing that an immediate need exists and that the appointment would be in the minor's best interest, the court may appoint a temporary guardian whether or not the § 524.5-204(a) conditions are met. Notice must go to the parents and to a minor 14 or older; unless the court orders otherwise the temporary guardian has the authority of an unlimited guardian, and the temporary guardianship "may not exceed six months." Within five days after the appointment, the temporary guardian must send or deliver a copy of the order to everyone entitled to notice of hearing under § 524.5-205 (§ 524.5-204(b)).

If following the article's usual procedures will likely result in substantial harm to a minor's health or safety and no other person appears to have authority to act, the court may appoint an emergency guardian, whose authority for a minor may not exceed 30 days. If the emergency guardian is appointed without notice, notice of the appointment must be given within 48 hours, and a hearing on the appropriateness of the appointment held within five days after the appointment (§ 524.5-204(c)).

Can a parent name a guardian in a will in Minnesota?

Yes, and a will is one of three ways. A guardian "may be appointed by will, by designation of a standby guardian pursuant to chapter 257B, or by other signed writing executed in the same manner as a health care directive under chapter 145C by a parent for any minor child the parent has or may have in the future" (§ 524.5-202(a)).

When it takes effect. The appointment becomes effective on the appointing parent's death, an adjudication that the parent is an incapacitated person, or a written determination by a physician who has examined the parent that the parent is no longer able to care for the child, whichever occurs first (§ 524.5-202(c)). The guardian becomes eligible to act on filing an acceptance, which must be filed within 30 days after the appointment takes effect, and must give written notice of the acceptance to the appointing parent if living, a minor 14 or older and any non-parent with care and custody (§ 524.5-202(d)). Unless the court approved the appointment in advance (§ 524.5-202(b)), the guardian must petition for confirmation within 30 days after filing the notice and the appointing instrument (§ 524.5-202(f)).

Confirming it in advance. On the appointing parent's petition and a finding that the parent "will likely become unable to care for the child within two years or less," the court may, before the appointment takes effect, confirm the parent's choice and terminate the rights of others to object (§ 524.5-202(b)).

Objections. Unless the court has already approved the parent's choice that way, a minor 14 or older who is the subject of the appointment, the other parent, or a person other than a parent or guardian who has custody or care of the minor may prevent or terminate the appointment by filing a written objection, as § 524.5-203 provides.

Parents' rights stay in place. "The appointment of a guardian by a parent does not supersede the parental rights of either parent" (§ 524.5-202(g)).

Standby and temporary custodians (chapter 257B)

Chapter 257B lets a parent or legal custodian designate a standby or temporary custodian. The designation needs the designator's written "consent," which the chapter defines as a written authorization the designator signs in the presence of two witnesses who also sign; the witnesses must be 18 or older and not named in the designation (§ 257B.01, subd. 5). The designation must identify the designator, the children, the other parent if any, the standby or temporary custodian and the triggering event or events, and must include the custodian's signed consent and the other parent's signed consent or a statement why that consent is not required (§ 257B.04, subd. 1).

• Court approval is optional and free to start. A petition for approval of a designation may be filed "at any time," and "no filing fee is required to initiate the proceeding" (§ 257B.05, subd. 1).
• Before approval. If a designation has been made, no petition for approval has been filed, and a triggering event has occurred, the standby custodian has temporary legal authority to act as a co-custodian or custodian of the children without the direction of the court for a period of 60 days. The standby custodian must file a petition for approval within those 60 days; if none is filed, the standby custodian loses all authority to act (§ 257B.06, subd. 4).
• On the designator's death. In the circumstances § 257B.06, subd. 2 covers, the standby custodian "shall be appointed a guardian pursuant to sections 524.5-201 to 524.5-317," and "no separate petition is required."

Letting a relative care for a child without going to court

Within the guardianship article and chapter 257B, Minnesota offers two no-court tools: the chapter 257B designation above and a delegation by power of attorney.

A parent, legal custodian, or nonprofessional guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the minor or person subject to guardianship, except the power to consent to marriage or adoption of a minor person subject to guardianship.

Minn. Stat. § 524.5-211(a)

The limits that come with it:

• A professional guardian may delegate for no more than 30 days and must submit the power of attorney to the court (§ 524.5-211(b)).
• A parent who signs a delegation must mail or give a copy to any other parent within 30 days, unless the other parent has no parenting time or only supervised parenting time, or there is an existing order for protection under chapter 518B (§ 524.5-211(c)).
• A parent, legal custodian or guardian of a minor may instead delegate those powers through a chapter 257B standby or temporary custodian designation (§ 524.5-211(d)).

A delegation is not a court order; for parent-versus-parent disputes, see Minnesota child custody laws.

How to become guardian of an adult in Minnesota

The petition

"An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a guardian, limited or unlimited in duration or power, for the individual" (§ 524.5-303(a)). Among other contents, the petition must describe:

• "what less restrictive means have been attempted and considered, how long such less restrictive means have been attempted, and a description of why such less restrictive means are not sufficient to meet the respondent's identified needs" (§ 524.5-303(b)(9)); and
• if an unlimited guardianship is requested, why a limited guardianship is inappropriate, or, if a limited guardianship is requested, the powers to be granted (§ 524.5-303(b)(10)).

Notice

A copy of the petition and the notice of hearing "must be served personally on the respondent." The notice must state that the respondent must be physically present unless excused by the court, inform the respondent of the rights at the hearing, and describe the nature, purpose and consequences of an appointment. "A failure to serve the respondent with a notice substantially complying with this paragraph precludes the court from granting the petition" (§ 524.5-308(a)). Under the general notice rule, notice must be given by mail postmarked at least 14 days before the hearing, subject to paragraph (f) of that section (§ 524.5-113(a)).

The right to a lawyer

A proposed person subject to guardianship has the right to be represented by counsel at any proceeding under this article. The court shall appoint counsel to represent the proposed person subject to guardianship for the initial proceeding held pursuant to section 524.5-307 if neither the proposed person subject to guardianship nor others provide counsel unless in a meeting with a visitor the proposed person subject to guardianship makes an informed decision in writing to specifically waive the right to counsel.

Minn. Stat. § 524.5-304(b)

Counsel "must be appointed immediately after any petition under this article is served," and the court need not appoint counsel on a voluntary petition (§ 524.5-304(c)).

The visitor

When it sets the hearing, the court "may appoint a visitor" (§ 524.5-304(a)); the appointment is not required. A visitor who is appointed files a written report that must include recommendations on whether guardianship is appropriate, including whether less restrictive means of intervention are available, the type of guardianship, and, for a limited guardianship, the powers to be granted (§ 524.5-304(f)). The visitor must also inform the respondent that all costs and expenses of the proceeding, including the respondent's attorney fees, "will be paid from the respondent's estate" (§ 524.5-304(d)(4)).

The hearing

The respondent "shall attend and participate in the hearing, unless excused by the court for good cause." Both sides may present evidence, subpoena witnesses and documents, and examine witnesses, including the visitor. The hearing may be held at a location convenient to the respondent and may be closed on the respondent's request and a showing of good cause (§ 524.5-307(a)). Contesting a petition does not place the respondent's health, physical or mental condition "in controversy" (§ 524.5-307(c)).

What the court must find

The court may appoint a guardian, limited or unlimited in duration or power, for a respondent only if it finds by clear and convincing evidence that: (1) the respondent is an incapacitated person; and (2) the respondent's identified needs cannot be met by less restrictive means, including but not limited to use of appropriate technological assistance, supported decision making, community or residential services, or appointment of a health care agent under section 145C.01, subdivision 2. The court must make specific findings particular to the respondent why less restrictive alternatives do not work.

Minn. Stat. § 524.5-310(a)

Only the powers needed. The court grants a guardian "only those powers necessitated by the limitations and demonstrated needs" of the person, and "any power not specifically granted to the guardian, following a written finding by the court of a demonstrated need for that power, is retained by the person subject to guardianship" (§ 524.5-310(c)).

Adults under 30. If the person is under 30 on the date the court files the order appointing a guardian, "the guardianship must be of a limited duration determined by the court, not exceeding a period over 72 months" (§ 524.5-310(d)). A petition for a guardianship of indefinite duration may be filed for a person 29 or older who is under a limited-duration guardianship (§ 524.5-310(e)).

Who serves as guardian

Section 524.5-309(a) lists, in order, the people entitled to consideration:

1. a guardian, other than a temporary or emergency guardian, currently acting for the respondent in Minnesota or elsewhere;
2. a health care agent the respondent appointed in a chapter 145C health care directive that does not limit the agent's nomination as guardian;
3. the respondent's spouse, as the section provides;
4. an adult child;
5. a parent, as the section provides;
6. an adult with whom the respondent has lived for more than six months before the petition was filed;
7. an adult related to the respondent by blood, adoption or marriage; and
8. any other adult or a professional guardian.

Acting in the respondent's best interest, the court may pass over a person with priority and appoint someone with lower or no priority (§ 524.5-309(b)).

Disqualification. "Any individual or agency which provides residence, custodial care, medical care, employment training or other care or services for which they receive a fee may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption" (§ 524.5-309(c)).

What a Minnesota guardian can decide, and the rights the person keeps

Within the powers granted, a guardian may have custody of the person and establish a place of abode within or outside the state, but the person or any interested person may petition the court to prevent or to initiate a change in abode (§ 524.5-313(c)(1)). Several limits apply:

• Regional treatment centers. The guardian may not admit the person to a regional treatment center except after a hearing under chapter 253B, for outpatient services, or for temporary care for a specific period not exceeding 90 days in any calendar year (§ 524.5-313(c)(1)).
• Specific treatments. No guardian may consent to psychosurgery, electroshock, sterilization or experimental treatment of any kind unless the procedure is first approved by court order as the clause provides (§ 524.5-313(c)(4)(i)).
• Beliefs. The guardian "shall not consent to any medical care for the person subject to guardianship which violates the known conscientious, religious, or moral belief of the person subject to guardianship" (§ 524.5-313(c)(4)(i)).
• Voting. "Unless otherwise ordered by the court, the person subject to guardianship retains the right to vote" (§ 524.5-313(c)(8)).
• Health care directives. "A guardian may not revoke the health care directive of a person subject to guardianship or conservatorship absent a court order" (§ 524.5-315(c)).

Bill of rights. "The person subject to guardianship or person subject to conservatorship retains all rights not restricted by court order and these rights must be enforced by the court" (§ 524.5-120). Among the rights the section lists are the right to petition the court at any time to terminate or modify the guardianship or conservatorship, to be represented by an attorney in any proceeding or to petition the court, and to vote unless restricted by the court (§ 524.5-120(13)-(15)).

The person also keeps the right to communicate, visit and interact with others, including visitors, calls, mail and electronic communications. A guardian may restrict that right only with good cause to believe the interaction poses a substantial risk of significant physical, psychological or financial harm to the person and there is no other means to avoid or mitigate it; the guardian must first seek limited restrictions, such as supervised visits, whenever possible, and must give written notice of any restriction to the court, to the person and the person's attorney if known, and to the person restricted, within 48 hours (§§ 524.5-120(10), 524.5-313(c)(6)). Laws 2025, chapter 35, article 11 added the "substantial" risk standard and the limited-restrictions-first requirement. Each year, within 30 days after the anniversary of the appointment, the guardian must send or deliver to the person and to interested persons of record a notice of the right to request termination or modification, notice of the status of the person's right to vote, and a copy of the bill of rights (§ 524.5-310(i)).

Reports

A guardian must report to the court in writing on the person's condition "at least annually and whenever ordered by the court" (§ 524.5-316(a)). The guardian must also give the notice § 524.5-316(d)(2) requires at least 14 days in advance of a permanent change in the person's primary dwelling or a permanent move to a nursing home, mental health facility or other facility, unless the move was by prior court order. Within 14 days after filing a report, the guardian must send notice of the filing and a copy of the report to the person, the court and anyone else the court directs (§ 524.5-308(d)). If an annual report is not filed within 60 days of the required date, the court must issue an order to show cause (§ 524.5-316(g)).

Emergency guardianship of an adult

If the court finds that following the article's usual procedures will likely result in substantial harm to the respondent's health, safety or welfare, and that no other person appears to have authority and willingness to act, it may appoint an emergency guardian "whose authority may not exceed 60 days and who may exercise only the powers specified in the order." A county acting under section 626.557 that petitions on behalf of a vulnerable adult may be granted authority for up to 90 days. The appointment "may only be extended once for a period not to exceed 60 days if the court finds good cause." Immediately on receiving the petition, "the court shall appoint a lawyer to represent the respondent in the proceeding" (§ 524.5-311(a)).

Reasonable notice of the hearing goes to the respondent, known interested parties and others the court directs (§ 524.5-311(a)). The court may appoint without notice to the respondent and the respondent's lawyer only on affidavit or other sworn testimony that the respondent will be substantially harmed before a hearing can be held and that the petitioner made good-faith efforts to notify the respondent or the respondent's lawyer. If the court appoints an emergency guardian without notice to the respondent, the respondent must get notice within 48 hours, and the court must hold a hearing on the appropriateness of the appointment within five days after it (§ 524.5-311(b)). An emergency appointment, with or without notice, "is not a determination of the respondent's incapacity" (§ 524.5-311(c)), and the court may remove an emergency guardian at any time (§ 524.5-311(d)). The fact that the respondent is a hospital patient or a facility resident "is not in and of itself sufficient evidence to support a risk of substantial harm" (§ 524.5-311(f)).

How a Minnesota guardianship ends or rights are restored

"On petition of any person interested in the welfare of the person subject to guardianship the court may terminate a guardianship if the person subject to guardianship no longer needs the assistance or protection of a guardian" (§ 524.5-317(b)). Except as the court orders otherwise for good cause, it follows the same procedures to safeguard the person's rights that apply to a petition for guardianship. The burden then shifts:

Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination and discharge the guardian unless it is proven that continuation of the guardianship is in the best interest of the person subject to guardianship.

Minn. Stat. § 524.5-317(c)

Conservatorship: managing property and money

A conservator is the property-side appointment, and the statute sets different standards of proof for different findings:

The court may appoint a limited or unlimited conservator for a respondent only if it finds that: (1) by clear and convincing evidence, the individual is unable to manage property and business affairs because of an impairment in the ability to receive and evaluate information or make decisions, even with the use of appropriate technological assistance, or because the individual is missing, detained, or unable to return to the United States; (2) by a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual ...; and (3) the respondent's identified needs cannot be met by less restrictive means, including but not limited to use of appropriate technological assistance, supported decision making, representative payee, trusts, banking or bill paying assistance, or appointment of an attorney-in-fact under section 523.01.

Minn. Stat. § 524.5-409, subd. 1(a)

The court must make specific findings particular to the respondent on why less restrictive alternatives do not work, and appointing a conservator "is not a determination of incapacity" (§ 524.5-409, subd. 1(a), (f)).

• Without a conservator. If a basis for a protective order exists, the court may, without appointing a conservator, authorize, direct or ratify any transaction necessary or desirable to achieve an arrangement for security, service or care meeting the person's foreseeable needs (§ 524.5-412(a)).
• Bond. Where the personal property in the initial inventory is expected to be at least $10,000, the court "shall require the conservator to furnish a bond in an amount that the court determines is necessary to reasonably protect the assets," as § 524.5-416(a)(5) provides. Instead of a bond, the conservator may ask that access to certain assets be blocked, so that they cannot be reached without a specific court order (§ 524.5-416(b)).
• Inventory. "Within 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate" (§ 524.5-419(a)).
• Annual reports. A conservator reports to the court on administration of the estate annually unless the court directs otherwise (§ 524.5-420(a)).

Alternatives to guardianship in Minnesota

Supported decision making. In the guardianship article, supported decision making is a defined term and a less restrictive means the court must weigh before appointing either a guardian or a conservator, with specific findings if it rejects it (§§ 524.5-102, 524.5-310(a), 524.5-409, subd. 1(a)). It is not a court-filed agreement procedure in that article.

Health care directive and power of attorney. A health care agent under chapter 145C appears in the statute twice: appointing one is a less restrictive means the court must consider (§ 524.5-310(a)), and an agent whose directive does not limit the nomination ranks second in priority to serve as guardian (§ 524.5-309(a)). An attorney-in-fact under section 523.01 is a listed alternative to conservatorship (§ 524.5-409, subd. 1(a)). For how to sign one, see Minnesota power of attorney laws. Our free Minnesota power of attorney generator and Minnesota advance directive generator can help draft documents while a person has capacity; they are not legal advice, and signing must follow the state's rules on the linked page.

Nursing homes and assisted living. Since August 1, 2026, a nursing home or assisted living facility may not require a current or prospective resident to have or obtain a guardian or conservator as a condition of admission or continued residence; the rule does not limit petitions for guardianship or conservatorship under §§ 524.5-303 and 524.5-403 (Minn. Stat. §§ 144A.104, 144G.505, added by Laws 2026, ch. 95, art. 3).

Social Security benefits. The Social Security Administration decides whether to appoint a representative payee and may appoint the legal guardian or some other person (20 C.F.R. § 404.2001); our guardianship laws by state hub covers the federal layer.

Moving to or from Minnesota with a guardianship

A guardian or conservator appointed in Minnesota may petition the court to transfer the case to another state (§ 524.5-801(a)). A guardian appointed in another state may, if no guardianship petition is pending in Minnesota and after notifying the appointing court of an intent to register, register the guardianship order by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate Minnesota county (§ 524.5-901).

Recent changes

Laws 2026, chapter 95, article 7 amended § 524.5-311(a) and § 524.5-409, subd. 2 to update their cross-references to the vulnerable-adult statute, section 626.557; it did not change the 60-day and 90-day periods, the counsel requirement or the notice terms described above. Laws 2026, chapter 95, article 3 added Minn. Stat. §§ 144A.104 and 144G.505, effective August 1, 2026, which bar nursing homes and assisted living facilities from requiring a resident to have or obtain a guardian or conservator as a condition of admission or continued residence.

Laws 2025, chapter 35, article 11 amended §§ 524.5-120, 524.5-311 and 524.5-313. It tightened when a guardian may restrict the person's communication, visits and interaction with others and required limited restrictions to be tried first; and for emergency guardianship it added notice to known interested parties, the good-faith notice effort required before an appointment without notice, and the rule that hospital or facility residence "is not in and of itself sufficient evidence" of a risk of substantial harm. Also in 2025, chapter 21 amended § 524.5-106 to add the commissioner of children, youth, and families to the agencies whose rights are governed exclusively by chapters 252A, 259 and 260C.

Minnesota guardianship at a glance

Related Minnesota pages

• Guardianship laws by state
• Minnesota power of attorney laws
• Minnesota child custody laws
• Minnesota grandparents' rights
• Minnesota probate

This article provides general legal information about Minnesota guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on court practice. For advice about a specific situation, contact a lawyer licensed in Minnesota or the district court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

Can I get guardianship of my grandchild in Minnesota if a parent is alive?

Not a permanent one while a parent's rights remain intact: the court may appoint a guardian for a minor only if it is in the child's best interest and both parents are deceased or all parental rights have been terminated by court order (Minn. Stat. § 524.5-204(a)). A court may, however, appoint a temporary guardian for up to six months on a showing of immediate need and best interest whether or not those conditions are met (§ 524.5-204(b)). A living parent may also delegate powers by power of attorney for up to one year (§ 524.5-211) or designate a standby or temporary custodian under chapter 257B.

What is the burden of proof for adult guardianship in Minnesota?

Clear and convincing evidence that the person is an incapacitated person and that the person's identified needs cannot be met by less restrictive means, including supported decision making, with specific findings on why alternatives do not work (Minn. Stat. § 524.5-310(a)).

Does the person get a lawyer in a Minnesota guardianship case?

Yes, for the initial hearing, unless someone else provides counsel or the person, in a meeting with a visitor, makes an informed written decision to waive it; counsel must be appointed immediately after the petition is served, but not necessarily on a voluntary petition (Minn. Stat. § 524.5-304(b), (c)).

How long can a parent delegate care of a child in Minnesota?

Up to one year by a properly executed power of attorney, covering care, custody or property but not consent to a minor's marriage or adoption; a professional guardian may delegate for no more than 30 days (Minn. Stat. § 524.5-211(a), (b)). The parent must give the other parent a copy within 30 days unless an exception in § 524.5-211(c) applies.

How long does an emergency guardianship last in Minnesota?

For an adult, up to 60 days, or up to 90 days when a county petitions for a vulnerable adult under section 626.557, with one extension of up to 60 days for good cause (Minn. Stat. § 524.5-311(a)). For a minor, an emergency guardian's authority may not exceed 30 days (§ 524.5-204(c)).

Is there a time limit on guardianship for a young adult in Minnesota?

Yes. If the person is under 30 on the date the court files the appointment order, the guardianship must be of a limited duration set by the court, not exceeding a period over 72 months (Minn. Stat. § 524.5-310(d)). A petition for an indefinite guardianship may be filed for a person 29 or older who is under a limited-duration guardianship (§ 524.5-310(e)).

Does a person under guardianship in Minnesota keep the right to vote?

Yes, unless the court orders otherwise (Minn. Stat. § 524.5-313(c)(8)). The person keeps all rights not restricted by court order (§ 524.5-120).

How do I end a guardianship in Minnesota?

Any person interested in the person's welfare may petition, and once the petitioner presents a prima facie case for termination, the court must end the guardianship unless it is proven that continuing it is in the person's best interest (Minn. Stat. § 524.5-317(b), (c)).