Any interested person to a Guardianship or Conservatorship, including the Person Subject to Guardianship or Conservatorship (“Person”), can submit a complaint with the Minnesota Judicial Branch.
A complaint may be submitted when an interested person has reason to believe that a Guardian or Conservator is not following court orders, is not acting in the best interests of the Person, or has violated the rights of the Person.
Complaints against Guardians and Conservators are reviewed for violations of Chapter 524, Article 5.
Examples of violations may include:
- a violation the Bill of Rights for Person Subject to Guardianship or Conservatorship.
- The Person’s residence is unsafe.
- The Person is not receiving adequate food or proper healthcare or medications.
- The Guardian or Conservator is physically, mentally, or sexually abusing the Person, or failing to prevent or report abuse by another person.
- Family or friends are not allowed to visit or communicate with the Person and the Guardian or Conservator has not informed the court and/or person or persons that a restriction has been placed on that person or persons (Minn. Stat. § 524.5-316(a)(3)).
- The Guardian or Conservator is using the Person’s money or property for their own benefit.
- The Conservator has failed to provide an adequate accounting of the Person’s assets or failed to pay the Person’s bills.
- The Guardian or Conservator is not following the orders of the court relating to the care of the Person.
For more information, see
Minn. Stat. § 524.5-120 (Bill of Rights for Persons Subject to Guardianship or Conservatorship);
Minn. Stat. § 524.5-207 (Powers and Duties of Guardian (Minor));
Minn. Stat. § 524.5-313 (Powers and Duties of Guardian (Adult)); and
Minn. Stat. § 524.5-417 (Powers and Duties of Conservator).
Use the
complaint form to file a complaint.
Once the complaint is received, it will be reviewed by the Conservator Account Auditing Program (CAAP) Examiner to determine if an investigation is appropriate. If the complaint does not allege a violation of the statutes above by the Guardian or Conservator, or if the matter has already been addressed by the court, the complaint will be dismissed without investigation.
If an investigation is warranted, a copy of the complaint will be provided to the Guardian or Conservator. The Guardian or Conservator will be allowed the opportunity to submit a written response to the complaint.
The CAAP Examiner may contact the complainant (person submitting the complaint form) or any other interested persons to obtain more information. Please make sure to sign the complaint form and that your current contact information (address, phone, and email) is listed. When the investigation is finished, a report may be provided for review by the judicial officer. If provided to the court, the judicial officer will review the report and decide if further action should be taken on the complaint.
The CAAP Examiner does NOT have authority to remove, sanction, or discipline a Guardian or Conservator. This process does not review whether the orders of the court are appropriate or whether or not a guardianship or conservatorship is necessary for the Person.
At any time following the submission of a complaint, a copy of the complaint or other documentation (for example, the written response of the Guardian or Conservator), may be provided to the court for immediate review and court action, if needed.
Please send completed form:
Conservator Account Auditing Program (CAAP) Examiner
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
You can get general help with the Guardianship and Conservatorship Complaint Process by calling (651) 215-0032.
Notice to Complainant and Respondent Guardian/Conservator: Once an investigation is complete and if a report has been filed with the court, the complaint and any written response by the Guardian/Conservator are public records and may be filed into the court file or provided upon request.
The complaint process work was supported, in part, by grant number 90EJIG0019-01-01 Elder Justice Innovation Grants awarded in 2021 for improving guardianship from the Administration for Community Living (ACL), U.S. Department of Health and Human Services (DHHS). Grantees carrying out projects under government sponsorship are encouraged to express freely their findings and conclusions. Therefore, points of view or opinions do not necessarily represent official ACL or DHHS policy.