Minnesota Guardianship Lawyer

Basic Information on Minnesota Guardian Law

A guardian is a person appointed by a court, almost always with the help of a lawyer, to protect the interests of another person, the ward, whom the court deems unable to effectively or fully care for him- or herself. A guardian can also be named by a spouse or by a parent, depending on certain circumstances.

Guardianship, however appointed, confers certain powers upon the guardian. The guardian's powers may be broad and general or limited and specific. Courts tend to prefer, and are required by law, only to grant as much power to the guardian as is needed to effectively protect and care for the ward.

To qualify for a guardian, Minnesota law requires the ward either to be a minor child or an incapacitated person—or, technically, both. A minor may be legally incapacitated, but not simply because of being a minor, which is reason for legal incapacity in certain circumstances.

A minor is any person who has not yet reached the age of majority, which is eighteen (18) in Minnesota. An unemancipated minor (meaning the minor has not petitioned the court for adult-equivalent status) does not have the same, full legal rights and decision-making ability that persons over the age of eighteen have. Minors need guardians to act in the role of parents.

An incapacitated person is one who lacks certain mental capacity as defined by Minnesota law. Generally, an incapacitated person cannot make reasonable decisions about his or her own life. For example, an incapacitated person might not know when to dress or use the toilet.

Before a guardian may be appointed, an interested person must petition the court to ask for an appointment. The petitioner does not need to be the proposed guardian. The petitioner can be another interested person, such as a family member or certain other persons.

If you would like to talk to an attorney about becoming a guardian or having a guardian appointed in Minnesota, please don't hesitate to give me a call. I am a Minnesota guardianship attorney.