The law firm handles all matters related to Minnesota guardianship and conservatorships of minors (children) and adults.

Joseph M. Flanders has experience in providing legal counsel to parents, grandparents, step-parents and third parties who believe that their loved one is in need of the protection that a guardianship affords.

Below is information related to the initial considerations that you should be thinking about to be a guardian in Minnesota:

Appointment of a Minnesota Guardian over an “incapacitated person”:

To be appointed as a guardian over a minor or adult, the court must first determine that the person over whom the guardianship is needed  is “incapacitated”.  The courts refer to that person as “the Ward”.

Under Minneosta law, an incapacited person is defined as:

an individual who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and who has demonstrated deficits in behavior which evidence an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological assistance.

If you believe that the Ward meets the definition of an “incapacitated person” you may file paperwork with the court to be appointed guardianship over the Ward.

Power and Duties of a Minnesota Guardian

According to Minnesota law, a person who is applying to be a proposed guardian will be entitled to either (1) full guardianship or (2) limited guardianship over a Ward.

In either case, the law tells us that the guardian shall be subject to the control and supervision of the courts at all times.  Furthermore, the court will only grant the guardian those powers which are necessary to provide for the demonstrated needs of the Ward.

Therefore, it is important to explain to the court what the proposed Ward needs in terms of supervision and care.

Some questions to ask yourself are:

  • Why do I think the Ward is in need of a guardianship?
  • Do I have medical documentation to show that the Ward is in need of a guardianship?
  • Will the Ward be ok with me being appointed guardian or will he or she fight it?
  • Do I have a criminal history that may prevent a court appointing me as a guardian?
  • Will I be able to draft and execute the annual accounting and inventory of the Ward’s assets during the time period I have been appointed guardian?
  • Do I know what the Ward’s assets and debts are and can I explain them to the court?

There are other questions that a qualified  Minnesota guardianship lawyer will ask you at an initial consultation.  Be prepared to have answers ready when you meet with the lawyer.

Powers of a Minnesota Guardian

Finally, the proposed guardian has the following powers under Minnesota law:

  • The power to have custody of the Ward and the power to establish the place of abode in or outside Minnesota;
  • The duty to provide for the Ward’s care, comfort, and maintenance needs including:  food, clothing, shelter, health care, social and recreational requirement etc;
  • The duty to take into account the needs of the Ward in terms of education, training, etc;
  • The power to give necessary consent to enable the Ward to receive medical or other professional care, counsel, treatment, or other service
  • The power to approve or disapprove all contracts made in the Ward’s name;
  • The power to apply for assistance, services, or benefits on behalf of the Ward.

Free Initial Consultations

Contact the Flanders Law Firm LLC today for more information about guardianships or conservatorships in Minnesota.  The firm offers free consultations to all potential clients. Call (612) 424-0398.

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