Minnesota Guardianship for Adults with Disabilities

As your guardianship attorney, Arctos Law, PLLP will advise you as to the best legal options to address your unique situation, including whether or not a legal conservatorship or guardianship in Minnesota is the right approach for you and your family. Our experience in this area of law affords our attorneys the ability to advise you in determining if the welfare decisions you are currently faced with would benefit from obtaining guardianship of an incapacitated person in Minnesota. If it seems that conservatorship or guardianship would be helpful in ensuring the health and safety of your loved one, it is important that an attorney assisting you with petitioning for conservatorship or guardianship has experience in the area of guardianship and conservatorship in Minnesota as each Minnesota county handles the petitioning for a guardianship or conservatorship differently. Arctos Law attorneys are experienced in many counties and are able guide you through the legal process involved with petitioning for Minnesota guardianship. In addition, in some circumstances individuals seeking guardianship in certain Minnesota counties may be eligible for a fee waiver program referred to as IFP (In Forma Pauperis). Attorneys experienced in those counties will be able to advise you of your eligibility.

Legal Guardianship for Adults with Disabilities

An adult can become eligible for guardianship in Minnesota if they have a disability preventing them from being able to make day-to-day decisions regarding their own personal care, and preventing them from independently meeting their own basic needs such as the food, shelter, and clothing. This can include individuals with developmental or cognitive disabilities, individuals who have experienced a traumatic brain injury, and guardianships for seniors who are no longer capable of independently managing decision-making regarding their own health- care, finances, or basic and day-to-day needs. Families and individuals seeking legal guardianship of their loved ones with disabilities in Minnesota should consult a Minnesota guardianship attorney.

Guardianship in Minnesota

As a petitioner for a Minnesota Guardianship, you are asking to manage the day-to- day life and over all well-being of another adult, referred to as a “ward.” Guardianship for disabled adults in Minnesota requires you to take on certain responsibilities for a loved one, including (but not limited to) the following:

  • Monitor and ensure for their material well-being, including residence, food, clothing
  • Monitor and ensure for their medical, social, and psychological needs
  • Provide legal consent for medical care
  • Provide consent and monitoring for non-medical services (counseling,
    education, etc.)
  • Release, as needed, confidential information
  • Apply for and maintain governmental benefit that
    the ward may qualify for
  • Maximize their independence and development in the safest yet least
    restrictive manner possible

Whenever possible, a guardian must seek input from their ward in decision making.

Individuals petitioning the court for guardianship may ask for all the powers provided under Minnesota Law or may limit the powers requested to only those powers an individual may feel are appropriate for their loved one. Minnesota probate courts may grant a guardianship for disabled adults and adults with a disability with more broad or more limited authority, depending on the circumstances and needs of the ward as determined by the court after a thorough investigation. Minnesota guardianship does not include making most types of financial decisions on behalf of a ward. In Minnesota, that is the role of a conservator.

Individuals seeking legal guardianship for adults with disabilities and adults with a disability in Minnesota must be at least 18 years old and are always subject to a background check unless the party seeking guardianship has raised the proposed ward in the family home. Minnesota courts may investigate any proposed guardians as seen fit to ensure for the best interests of the proposed ward.

Guardians for disabled adults and adults with a disability in Minnesota must report to the court about their guardianship status at least annually. Having a guardianship attorney will ensure you understand every legal requirement and restriction around obtaining and maintaining legal guardianship for adults with disabilities in Minnesota and that you will be able to effectively navigate Minnesota probate court in your petition for guardianship.

Hiring a Guardianship Attorney

A guardianship attorney represents families and individuals who have loved ones with disabilities and want to ensure the best possible care and independent life for those loved ones. In that regard, Arctos Law, PLLP takes great pride in acting as a strong advocate to, and for, other strong advocates.

As your guardianship attorney, Arctos Law will help you and your family prepare for Minnesota probate court and understand every aspect of guardianship in Minnesota.

It is important that, if you expect an objection to a Guardianship by either a proposed ward or any other individual with an interest in a guardianship, you hire an attorney to help you navigate the complexities of litigation in the area of guardianship in Minnesota.

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