Temporary Appointment of a Guardian

Minnesota Guardianship Law

What is a temporary guardian?

In Minnesota law, a temporary guardian is technically called a temporary substitute guardian.

A temporary is a person the court appoints if the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action.

Is there a temporary conservator?

Yes. An interested person may petition the court to remove the current conservator and to have a temporary conservator appointed in the interim. Often, however, when an interested person petitions for removal of the current conservator, a successor conservator is nominated and appointed instead of an intermediary, temporary conservator. Temporary is possible though.

How is a temporary guardian appointed?

The court requires one of the interested persons to petition to have a temporary guardian appointed.

How long does the appointment last?

Statutory authority limits the court appointment to six months. A permanent replacement guardian should be appointed within that six month period.

What powers does a temporary guardian in Minnesota have?

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

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

There is no new legal effect. The ward was already declared incapacitated when the first permanent or emergency guardian was appointed. Appointing a temporary substitute guardian has no legal ramifications for the ward that don't otherwise already exist.

Please contact me, a Minnesota conservatorship lawyer, for more information or to discuss legal representation.