Minnesota Letters of Guardianship or Conservatorship (Minor) are legal documents issued by a Minnesota court that appoint a guardian or conservator to act on behalf of a minor child. A guardian is appointed to make decisions on behalf of the minor in terms of their health, education, and welfare; a conservator is appointed to manage the minor's financial and legal affairs. There are two types of Minnesota Letters of Guardianship or Conservatorship (Minor): full guardianship or conservatorship; and limited guardianship or conservatorship. Full guardianship or conservatorship grants the guardian or conservator full authority to make decisions for the minor, while limited guardianship or conservatorship grants the guardian or conservator authority to make decisions only in certain areas, such as medical care or education.
Minnesota Letters of Guardianship or Conservatorship (Minor)
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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.
(a) 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.
A guardian is appointed by the court to make the personal decisions for the person subject to guardianship. The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.
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.
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. A judge can limit the time of any guardianship, even for people who are older than 30.
A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the minor and unemancipated child, except that a guardian is not legally obligated to provide from the guardian's own funds for the person subject to guardianship.
(a) 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.
Anyone can file a petition asking for a guardian to be appointed for an incapacitated adult. A guardian can be a relative, or another person or agency.