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Guardian and Conservator Reporting Requirements

Minnesota Guardianship & Conservatorship Law

Guardians and conservators must each report the status and goings on of the respective wards and estates. Reporting requirements are important to consider before agreeing to take on the responsibilities of either a guardianship in Minnesota or conservatorship in Minnesota.

Guardian Reporting

A guardian must report to the court, in writing, on the condition of the ward at least once a year (on an annual date). The guardian can be required by the court to report, in addition to the annual requirement, whenever the court orders.

A report (annual or ordered) consists of the mental, physical, and social condition of the ward; the living arrangements for all addresses of the ward during the reporting period; the medical, educational, vocational, and other services provided to the ward and the guardian's opinion about the adequacy of the ward's care; and a recommendation about whether the guardianship needs to be continued or changed.

The court may appoint a visitor to review the report, interview the ward or guardian, and make any other investigation the court directs. The purpose of the court visitor is to determine whether there are any inconsistencies between the guardian’s report and the actual care and condition of the ward. The court visitor has the authority to recommend changes to or termination of the guardianship, but only the court may terminate or modify the guardianship.

The court will establish the system for monitoring the guardianship and will instruct the guardian on filing and reviewing annual reports.

Conservator Reporting

Within sixty days after appointment, the conservator has to prepare and provide to the court a detailed inventory of the estate, along with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator must be diligent in locating and cataloging the estate’s property.

The conservator must keep records of the administration of the estate and make them available for examination on reasonable request of the court, ward, protected person, or any attorney representing such persons. The ward’s lawyer, who may or may not be the protected person’s lawyer, will want to know that the conservator is fulfilling his or her duties and not wasting or abusing the assets and property of the estate.

A conservator must also report to the court for administration of the estate annually unless the court otherwise directs. The conservator’s report must consist of a list of the assets of the estate and a list of the receipts, disbursements, and distributions during the reporting period.

The court may appoint a visitor to review a report or plan, interview the protected person or conservator, and make any other investigation the court directs. In connection with a report, the court may order a conservator to submit the assets of the estate to an appropriate examination to be made in a manner the court directs.

The court will establish the system for monitoring the conservatorship and will instruct the conservator on filing and reviewing the conservators' reports and plans.

Call me, a Minnesota guardianship attorney, for further information or representation.

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