How Is A Guardianship Or Conservatorship Established?
A Petition is Filed
If Catholic Charities is in agreement to serve as the Guardian and/or Conservator for an individual, the court action begins with the filing of a Petition for Appointment of Guardianship and/or Conservatorship. Any person may petition for the appointment of a guardian or conservator. Catholic Charities does not act as the Petitioner.
The Minnesota State Court website contains the forms and instructions for filing a Petition for Guardianship or Conservatorship.
Go to http://www.mncourts.gov and choose the Get Forms tab and then choose Guardian/Conservatorship.
A Court Hearing Occurs
After the Petition of Guardianship/Conservatorship is filed, a court hearing is required and advance notice must be given to the person for whom guardianship or conservatorship is being sought as well as any interested parties. The court must appoint an attorney to represent the same person at the hearing. At the hearing, evidence will be presented to support the need for a guardian and/or conservator.
What Happens at the Court Hearing?
At the hearing, the court will look at all the facts to determine whether or not the person can make any or all of his or her important life decisions. If a court finds that a person cannot make any or all of his or her important life decisions, that person is determined incapacitated. The court will find that a person is incapacitated if it believes the person cannot
- Understand the facts about his or her financial, health care, or living situation well enough to make decisions about any or all of those matters
- Clearly communicate his or her wishes about any or all of those matters
What Happens After the Court Appoints a Guardian and/or Conservator?
The court issues a written order and written letters of Guardianship and/or Conservatorship to the appointed Guardian. These documents show the authority of the guardian or conservator to act on behalf of the person under the guardianship or conservatorship.