Guardianship and Conservatorship

Guardianship (Person)

A guardianship is a legal arrangement that allows a person to make decisions for a loved one who is unable to meet their own needs or make their own personal decisions due to an incapacity.

A person subject to guardianship can be an adult who lacks sufficient understanding or capacity to make personal decisions, and who is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety. A guardianship can also be established for a minor whose parents have passed away or whose parental rights have been terminated. 

Conservatorship (Estate/Financials)

A conservator is appointed by the court to make financial decisions on behalf of a minor or an incapacitated person who is unable to make decisions regarding their financial affairs or estate. Once appointed, a conservator has control over property and finances, including paying bills, entering into contracts, and investing assets. A conservator is accountable to the court and his or her actions are subject to court supervision. 

Less Restrictive Alternatives to Guardianship and Conservatorship

Having a particular disability or diagnosis does not automatically mean a person requires guardianship or conservatorship. Many individuals with disabilities have support systems in place that meet their needs without requiring such court involvement.

Because guardianship and conservatorship restrict an individual's fundamental legal rights, they should always be treated as a last resort. These actions are also formal court proceedings, meaning the parties fall under the court's jurisdiction and the case becomes part of the public record.

Minnesota law reflects this by requiring courts to consider whether less restrictive alternatives have been tried or would be effective before appointing a guardian or conservator. A less restrictive alternative allows a person to retain as much control over their own life as possible, while still ensuring their care and safety needs are met.

Examples of Less Restrictive Alternatives

Depending on the individual's specific financial, medical, and personal needs, effective alternatives to guardianship and/or conservatorship may include:

  • Financial & Legal Tools: Powers of Attorney (POA), ABLE Accounts, representative payees, joint bank accounts.

  • Healthcare Controls: Health Care Directives and Medical Releases.

  • Personal & Community Supports: Supported Decision-Making agreements, technological assistance, and building strong family or community support systems.

How can we help? 

The attorneys at Schneider Peterson Law, LLC are able to assist in establishing a guardianship and/or conservatorship, preparing required annual court reporting documents, petitioning for a successor guardianship and/or conservatorship proceeding, and termination of guardianships and conservatorships.

Interested in working with us? Click HERE to schedule your free 15-minute phone consultation. This short call is an opportunity to see if your needs align with the services we provide.

  • A Power of Attorney (POA) is a written legal document that allows a person (the "Principal") to designate a trusted individual (the "Attorney-in-Fact") to make financial decisions on their behalf. A durable POA takes effect upon execution of the document and continues to be effective if the Principal becomes incapacitated or incompetent. Powers granted to the Attorney-in-Fact typically involve matters of the Principal's estate, including but not limited to banking, securities, and real estate transactions.

  • A Health Care Directive (HCD) is a written legal document that allows a person to select a trusted individual (the "Health Care Agent") to make medical decisions for them if they are unable to speak for themselves. The HCD takes effect in the event the person becomes incapacitated.

  • A representative payee is someone designated by the federal government to manage a person's government benefits on their behalf. As an example, a person can work with the Social Security Administration to select a representative payee to manage their Social Security income.

  • Supported decision-making (SDM) is an empowering alternative to guardianship. It focuses on working with the individual to help them understand the nature, risks, and consequences of their personal and financial choices—rather than making decisions for them (Minn. Stat. § 524.5-102, subd. 16a).

    There are many different options for how support can be given. SDM can be formalized through a written supported decision-making agreement, or it can remain informal through ongoing conversations with a support team. Ultimately, the individual retains the final say, relying on their support network to stay informed and confident in their choices.

  • To learn more about implementing less restrictive options or preparing for decision-making support, explore these resources:

    Disability Hub MN: Decision-Making & Independence Options

    Minnesota Judicial Branch: Considerations Before Guardianship

    Lutheran Social Service of MN: Supported Decision-Making Services

    WINGS Minnesota: Supported Decision-Making Overview

    Adult Guardianship Decision Helper: Interactive Decision Tool

    Volunteers of America (MN): Guardianship & Alternatives Video Series

 
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