Conservatorship And Guardianship In Minnesota
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FAQ
A Guardian takes care of a ward's personal affairs (medical care, nutrition, clothing shelter, residence, and safety). A Conservator manages a protected person's financial affairs (finances, property and real estate). An incapacitated person may have both a conservator and a guardian.
The guardian must file a notice of intent to dispose prior to the disposition or sale of the ward's personal effects. The guardian must file with the court a report of the ward's personal well-being, at least annually or whenever ordered by the court.
A conservator is appointed to make financial decisions for the person subject to conservatorship. The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
Time-Limited Guardianships Any person under 30 years old determined to need a guardianship, must have a time limited guardianship. This can last for 72 months (6 years) at most.
How is a guardianship or conservatorship set up? A person files a request (called a Petition) to ask the court to name them or someone else as a guardian or conservator for a person who needs help. The person who needs help must be given notice of the Petition. The person who needs help has the right to a lawyer.