Guardianship and Conservatorship

With the rapidly increasing aging population in Minnesota, guardianships and conservatorships are becoming more common than ever.  Although these proceedings are often brought about concerning an adult, they can be necessary in the case of a minor child too.  Any person (typically a family member or other loved one) can petition the court to be appointed as a guardian or conservator for an “incapacitated” person.  To determine incapacity, it must be proven that the proposed incapacitated person is unable to make responsible personal decisions and the individual’s judgment or decision making is a major threat to the individual’s welfare.  A guardian is appointed to make personal decisions for the protected person and a conservator is appointed to make financial decisions for the protected person.