Guardian
A person appointed by the court to make personal decisions for someone who cannot make decisions for themselves, such as a minor child or incapacitated adult.
A guardian is a person the court appoints to make personal and health care decisions for someone who cannot make those decisions on their own. This could be a minor child whose parents have died or are unable to care for them, or an adult who has become incapacitated due to illness, injury, or disability. A guardian is different from a conservator, who handles financial matters.
In Minnesota, a court must find that the person is incapacitated and that guardianship is necessary before appointing a guardian. The court prefers the least restrictive arrangement — if a limited guardianship can protect the person while preserving some of their independence, the court will use that instead of a full guardianship. Guardians must report to the court regularly about the person’s wellbeing.
Why it matters: Guardianship is one of the most significant legal actions because it removes a person’s right to make their own decisions. It is used only when less restrictive options, like a power of attorney, are not sufficient.
Example: An elderly person with advanced Alzheimer’s disease can no longer make medical decisions or manage daily care. Their adult child petitions the court for guardianship and is appointed to make health care and living arrangement decisions on the parent’s behalf.
Cases involving minors without parents, adults with disabilities or dementia, probate court