The Laws of Minnesota Guardianship
It’s an extremely complex legal niche, so the ultimate best piece of advice to give here is to consult a quality attorney specializing in the guardianship process and application.
For these purposes, though, you can expect to know this about the guardianship process and application:
What Is a “Legal Guardian” Under the Guardianship Process and Application?
As stated in Guardianship Law for Minnesota, a “guardian” is someone appointed by the court to serve as the decision maker for a ‘protected person’. The legal term for that person is considered a “ward.”
According to a part of the guardianship process and application, the guardian has the right to make decisions on several matters:
1. Medical Decisions
A way to think about it is full custody – both legal and physical.
What Is a “Conservator” in a Guardianship Process and Application?
Now that’s something slightly different. Whereas a “legal guardian” handles all full custody, a conservator only deals with “financial” decisions regarding a protected person – in this case a person stated by Guardianship Law as a conservatee.
The conservator typically handles all issues regarding contracts, bills, investments, and other financial functions.
The Rights of a Guardian or Conservator
Anyone can file for Minnesota guardianship, so long as the prospective guardian or conservator is also a Minnesota resident. Additionally, the state itself can also act as the “legal guardian” for any “ward.” Hence the term “ward of the state.” The question of who is eligible for guardianship and who is not is still an important one.
Minnesota guardianship follows these specific rules of law:
1. Guardianship Law Allows Necessary Powers to Provide for the Needs of a Ward
2. Guardianship Law Also Mandates That a Guardian Be Under Full Control by the Court
3. Only the Courts Can Appoint a Guardian
Other powers and rights of Minnesota guardianship include:
1. The Right to Provide an “Abode” for the “Ward”
2. The Right to Care for the “Ward” (Food, Health Care, Clothing)
3. The Right to Take Care of Transportation, Protection, Even Furniture
4. The Right to Admit the “Ward” for Professional Care, Counsel, or Treatment
Essentially, a true legal guardian can be exactly like a birth parent by rule of Minnesota Guardianship Law. We then beg to ask the question: “who is eligible for guardianship and who is not?”
The Process to Figure Out Who Is Eligible for Guardianship and Who Is Not
Of course, the prospective guardian must have the appropriate identification, plus a willingness to go through a screening and home study to determine whether or not guardianship is appropriate for the candidate. With that, finding out who is eligible for guardianship and who is not can be easy.
Weight can be given to blood relatives, but in the case that no blood relatives exist, any person with an interest in the “ward” may vie for legal guardianship. The question then of who is eligible for guardianship and who is not then can be answered.
Pay close attention to a special type of “ward” entitled a child with special needs. It’s typically defined as a child who cannot be returned to the home of his/her parents. Reasons for that could include a number of issues:
1. Death of Parents
2. Child Abuse
3. Spousal Abuse
4. Criminal Activity
5. Juvenile Delinquency
The court will consider those issues carefully when determining the need to appoint guardianship to anyone in the state of Minnesota.