This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Minnesota Standby Guardianship Guide
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US-ADOP6
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(g) The appointment of a guardian by a parent does not supersede the parental rights of either parent. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who dies or was adjudged incapacitated has priority.
Legal guardians in Minnesota must: Be 18 years or older (legal adult) Be physically able to care for a child or dependent adult. Have considerable time to properly care for the ward. Be financially secure enough to provide the care the ward needs (including using funds provided by parents for the child's care)
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.
Minnesota law provides that a parent having legal and physical custody or a legal custodian of a minor may nominate or designate a standby or temporary custodian. A custodian or legal guardian may file a petition with the court for standby guardianship if a triggering event has not occurred.
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.
Setting up Guardianship for an Adult 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.
As of , the average annual pay for the Guardianship jobs category in Minnesota is $130,292 a year. Just in case you need a simple salary calculator, that works out to be approximately $62.64 an hour. This is the equivalent of $2,505/week or $10,857/month.
Add an amount for the fee of a guardian or conservator to the monthly assistance standard. Use the fee amount negotiated by the county agency or approved by the court. The maximum fee is 5% of the unit's income, up to $100 a month.