Emergency Appointment of a Guardian

Minnesota Guardianship Law

What is an emergency guardian?

An emergency guardian in Minnesota law is a person the court appoints to protect the health, safety, or welfare of the ward when the court believes that acting under the normal (slower) procedures will result in substantial harm to the ward and no other person appears to have the authority and willingness to act to protect the ward.

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Is there an emergency conservator?

No. Property and money can be recovered by court order. There is not as much threat of harm to an estate as there is to an individual. A conservator can be placed using ordinary procedures.

How is an emergency guardian appointed?

The court still needs to have one of the interested persons petition to have a guardian appointed.

How long does the appointment last?

Statutory authority limits the court appointment to sixty days when the petitioner is an individual such as a relative or up to ninety days when petitioned by a county in some cases.

What powers does an emergency guardian in Minnesota have?

The powers of the guardian may vary, but all powers must be detailed in the court order that appoints the guardian.

What is the procedure?

Immediately upon receipt of the petition for an emergency guardianship, the court appoints a lawyer to represent the ward in the proceeding.

In most cases, reasonable notice of the time and place of a hearing on the petition must be given to the ward and any other persons as the court directs.

However, an emergency guardian may be appointed without notice to the ward and the ward's lawyer if the court finds from affidavit or other sworn testimony that the ward will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian without notice to the ward, the ward must be given notice of the appointment within 48 hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five days after the appointment.

What is the legal effect of the appointment on the ward?

Appointment of an emergency guardian, with or without notice, is not a determination of the ward's incapacity.