Know Your Rights: Guardianship and Conservatorship in Minnesota

If someone has filed for guardianship or conservatorship over you, or if you are considering filing for guardianship over a loved one, you have legal rights. Minnesota law protects both the person under guardianship and the people who serve as guardians.

Your Rights

1. The court must find clear and convincing evidence of incapacity. A judge cannot appoint a guardian or conservator based on age, disability, or family request alone. The court must find, by clear and convincing evidence, that you are unable to make decisions and that less restrictive options will not work. See Minn. Stat. § 524.5-310 .

2. Less restrictive alternatives must be considered first. Before granting guardianship, the court must determine that a power of attorney, health care directive, supported decision-making, or other less restrictive option cannot meet your needs. See Minn. Stat. § 524.5-310 .

3. You have the right to attend your guardianship hearing. If someone has filed a petition for guardianship over you, you have the right to be present at the hearing, testify, present evidence, and call witnesses.

4. You have the right to a lawyer. You can hire your own attorney or ask the court to appoint one. If you cannot afford a lawyer, the court can appoint one at no cost to you.

5. You keep all rights not specifically removed by the court. Guardianship does not take away all of your rights. The court order must list which specific rights are transferred to the guardian. You keep every right not listed in the order. See Minn. Stat. § 524.5-310 .

6. A guardian cannot consent to psychosurgery or sterilization without a separate court order. Even with a full guardianship, certain extreme medical decisions require their own court approval. See Minn. Stat. § 524.5-313 .

7. Your guardian must file annual reports with the court. The guardian must report each year on your physical, mental, and social condition, your living arrangements, and whether guardianship is still needed. See Minn. Stat. § 524.5-316 .

8. You must receive 14 days notice before a permanent move. Your guardian cannot move you to a new permanent home without giving the court 14 days advance notice. See Minn. Stat. § 524.5-316 .

9. You can ask the court to end or change the guardianship. If your condition improves, or if less restrictive alternatives become available, you or anyone else can petition the court to modify or terminate the guardianship.

10. For people under 30, guardianship is limited to 72 months. If you are under 30, your guardianship cannot last longer than 6 years unless the court renews it with a new finding that it is still necessary. See Minn. Stat. § 524.5-310 .

What to Do

• If someone has filed a guardianship petition over you, contact a lawyer right away. You have the right to fight the petition. Free legal help is available (see below).
• Attend your hearing. The court needs to hear from you. Your voice matters in this process.
• Ask for limited guardianship. If you need help in some areas but not others, tell the court. The judge should grant only the powers that are necessary.
• Set up a power of attorney or health care directive while you still can. These documents let you choose who will help you, and they avoid the need for court-ordered guardianship. Talk to a lawyer or legal aid organization about your options.
• Report problems with your guardian. If your guardian is not acting in your best interest, contact the court or the Office of Ombudsman for Mental Health and Developmental Disabilities at 800-657-3506.
• Keep copies of all court documents. Your guardianship order, annual reports, and any modifications are important records.
• Ask about alternatives. Supported decision-making, community services, and technology may help you stay independent without a guardian.

Important Deadlines

Deadline	What It Means
14 days before hearing	Minimum notice you must receive before a guardianship hearing
60 days	Maximum length of an emergency guardianship
60 + 60 days	Emergency guardianship with one extension
1 day	Guardian must report emergencies to the court
14 days	Advance notice guardian must give before changing your permanent home
30 days	Guardian must report special events to the court
Annual	Guardian must file a report on your condition each year
72 months (6 years)	Maximum guardianship length for persons under 30

Get Help

• Office of Ombudsman for Mental Health and Developmental Disabilities: Call 800-657-3506 to file a complaint about a guardian
• PACER Center: Resources for families of children with disabilities — call 952-838-9000
• 211 (United Way): Dial 2-1-1 for local support services

For more detail: See our full guide on guardianship and conservatorship:

Guardianship and Conservatorship in Minnesota

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