How do I petition for guardianship or conservatorship in Minnesota?

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1. Terminology.   Minnesota uses 'guardian' for the person and 'conservator' for the estate, for both adults and minors.    2. Adult Guardianship.   Under Minn. Stat. § 524.5-310, a court may appoint a guardian for an 'incapacitated person' — an individual who, for reasons other than being a minor, is impaired to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible personal decisions, and has demonstrated deficits in behavior demonstrating an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological assistance.    3. Adult Conservatorship.   Under § 524.5-409, a conservator is appointed for an adult unable to manage property or business affairs.    4. Minor Guardianship/Conservatorship.   Available under §§ 524.5-201 and 524.5-401 when parents are deceased, unwilling, or unfit.    5. Petition.   File in the district court of the county where the respondent resides. Personal service on the respondent at least 14 days before hearing; notice to spouse, adult children, parents, siblings.    6. Court Visitor / GAL.   A court visitor is appointed under Minn. Stat. § 524.5-304; counsel must be appointed if respondent requests it or court determines it necessary.    7. Capacity Evaluation.   A professional evaluation from a physician, psychologist, or other qualified evaluator addressing functional limitations is required (§ 524.5-306); clear and convincing evidence standard.    8. Hearing & Order.   Respondent has rights to attend, counsel, present evidence, and a jury trial. Court must impose the least restrictive form of intervention and may grant limited guardianship.    9. Powers & Duties.   Bond required for conservator (§ 524.5-415); inventory within 60 days; annual personal well-being report (guardian) and annual account (conservator); court approval for sale of real property.    10. Alternatives.   Statutory short-form POA (Minn. Stat. Ch. 523), health care directive (Ch. 145C), and supported decision-making.    11. Termination & UAGPPJA.   Termination on restored capacity (§ 524.5-318), death, or minor reaching 18. Minnesota adopted UAGPPJA at Minn. Stat. § 524.5A-101 et seq.  This is legal information, not legal advice.