Background Check on Proposed
Guardian or Conservator

Minnesota Guardianship & Conservatorship Law

If you have any questions about the following matierials on the background check or to discuss legal representation, please contact me, a Minnesota guardianship attorney.

Who must undergo the background study?

The person nominated to be guardian or conservator.

Are there any exceptions?

Few. Basically, only state agencies, parents and current guardians (and then, not always), and banks and trust companies are exempt from the required background check.

However, if the proposed guardian has been the subject of such a background check within the past five years, then that study might be used.

What is involved in the background study?

The nominee is subject to a rather thorough screening. The court asks the Commissioner of Human Services in Minnesota to compile information the Minnesota Bureau of Criminal Apprehension, any other criminal history data held by the Commissioner, and any available information concerning the maltreatment of vulnerable adults or minors. The court may also require data from the National Criminal Records Repository.

What if the nominee is an entity rather than individual?

Every person who is employed by the proposed guardian or conservator who will also be responsible for carrying out the duties of the appointment must undergo the background check.

Who pays for the background study?

Depending on the circumstances, the fee will be paid by the estate of the proposed ward/protected person, by the guardian or conservator, or by the court. Since circumstances can vary so much, this is a question oft best left for an attorney to answer.

What are the rights of the individual subject to the study?

Currently, the proposed guardian/conservator has three specific rights, each of which the nominee must be notified before proceeding:

1. To be informed that the court will request a background study to determine fitness for appointment

2. To be informed of the results of the background check and to obtain the results if desired

3. To challenge the accuracy and completeness of information contained in the background study, to some extent

How do I obtain a background study?

You, as the nominated guardian/conservator, do not have to do anything (except to consent to and possibly pay for the study). The court will order the study from the Commissioner of Human Services.