There is often confusion regarding what a guardianship is and whether it may be necessary for a friend or loved one. This article is meant to provide a general overview of guardianships in Minnesota.
A guardianship is a relationship between a guardian, who is appointed and supervised by the Court to make personal decisions for an individual incapable of making such personal decisions, and a ward who is found by the Court to be unable to make personal decisions on his or her own behalf due to age, or mental or physical incapacity. In the case of a guardianship, incapacity means an individual who is impaired and lacking sufficient understanding or capacity to make or communicate responsible personal decisions. They must have demonstrated deficits in behavior which evidence an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety. Any competent person or agency may be appointed as the guardian, but the proposed ward’s wishes and the prior relationship of the parties will be taken into consideration in any appointment.