Conservator of a Minor

Minnesota Conservatorship Law

Minnesota law does not specifically distinguish the appointment of a conservator of a minor from a conservator of an incapacitated person. However, there are some important distinctions.

The main distinction being that, upon the protected person reaching the age of majority and having no other incapacity, the conservatorship will terminate. Time, in effect, cures diminished capacity based solely on age. A conservatorship will also terminate if the court otherwise emancipates the minor and grants the child adult status.

If the protected person is incapacitated by reason other than age, then the conservatorship may continue under Minnesota law.

Conservatorship of a minor is important because, very often, the minor will have something of an estate—usually in the form of death or other insurance benefits provided to the child following the circumstances by which the minor now needs a conservator.

Also, persons under the age of eighteen do not have legal capacity to enter into binding contracts. As such, prudent persons and businesses will not enter into agreements with minors because the agreements will not be legally enforceable against the minor children in most cases. As an attorney, I would probably never advise a client of mine to contract with an under-aged individual.

Putting a conservator in place makes handling the minor's affairs much more easy than not. If you are ready to hire a Minnesotal conservatorship lawyer, please give me a call or send me an e-mail.