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Guardianship / Conservatorship
What is guardianship?
A legal arrangement under which a guardian who is appointed by a court, has the legal right and duty to care for another person (the "ward") because of the person’s inability to legally act on his or her own behalf due to minority or mental or physical incapacity. See also Annual Reporting Duties - Guardians.
What is conservatorship?
A conservatorship is similar to a guardianship except that the conservator who has been appointed by the court has powers and duties over the incapacitated person’s estate. See also Annual Reporting Duties - Conservators.
Who are wards?
Wards are minors or incapacitated adults who have a court appointed guardian, lack sufficient understanding or capacity to make or communicate responsible personal decisions, and who have an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety.
Who are protected persons?
Protected persons are those individuals who have had conservators appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate.
NOTE: The MN Judicial Branch does not publish instructions for every guardianship or conservatorship form, but you can learn about the process by reading the Conservatorship & Guardianship Manual. You should talk with a lawyer to find out which specific forms to use in your situation and the procedures involved. Court Administartion can tell you about the fees that must be paid. Another good resource for finding forms and how-to information on legal issues is your local law library.
Law & Rules
The following is a list of some of the laws and rules that relate to Guardianship/Conservatorship cases. We encourage you to talk with a lawyer to get advice on how the laws and rules may affect your case. Learn more about Law, Rules & Legal Research at our online Self-Help Center.
Resources on Guardianship & Conservatorship
Guardianship / Conservatorship Educational Video
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