Guardianship and Conservatorship
Approximately 22,000 Minnesotans live under the court appointed authority of guardians and conservators, court appointed individuals with the power to make personal and financial decisions for people unable to do so. It is estimated that up to 90% of court ordered guardianships and conservatorships are with family members.
Recent harmful actions by professional guardians and conservators have raised concerns about the accountability of our guardianship system. In 2009, the Mental Health Association worked with other groups to tighten standards and create a Bill of Rights for Wards and Protected Persons to be monitored by Minnesota courts.
A Bill of Rights makes it easier for vulnerable individuals and their families to understand their rights and the limits that may be placed on those rights. All restrictions or limitations placed on a ward must be documented in the annual well-being report to be filed by the guardian. A person under guardianship can ask the court to review all restrictions that are objectionable to him/her.
Wards and protected persons may seek help from district court on conflicts such as where a person chooses to live, how money is being spent, and limits set by a guardian on visits and communications with family members and friends.
For more information about this new law, or to report guardianship or conservatorship concerns, call or email the Mental Health Association.
