Legal Memorandum: Guardian's Powers and Duties in MN

Issue: If an adult is not appointed as a ward’s co-guardian, could the adult request that the court to continue to exercise approval power over select matters, such as the ward’s state of residency?

Area of Law: Family Law
Keywords: Co-guardianship; Termination of guardianship
Jurisdiction: Minnesota
Cited Cases: None
Cited Statutes: Minn. Stat. § 524.4-313(c)(1), § 524.5-310(b), § 524.5-313(a), § 524.5-317(c)
Date: 02/01/2011

Generally speaking, the duties and powers that the court may grant to a guardian include the power to have custody of the ward and the power to establish a place of abode within or outside the state.  Minn. Stat. § 524.4-313(c)(1). 

Note, however, that the guardianship statute also grants the court the power to “enter any other appropriate order” as long as it makes appropriate findings, so it appears there is some discretion here.  Id. § 524.5-310(b).  Moreover, the guardian is “subject to the control and direction of the court at all times and in all things,” id. § 524.5-313(a).

Note, too, that the court may terminate or modify a guardianship, once granted, upon the petition of any person interested in the ward’s welfare.  Id. § 524.5-317(b).  In such a case, the court may make any order that is in the best interest of the ward, or may grant other appropriate relief.  Id. 

Before terminating a guardianship, the court must follow the same procedures to safeguard the rights of the ward as apply to a petition for guardianship.  Id. § 524.5-317(c).  Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court must order the termination and discharge the guardian, unless it is proven that continuation of the guardianship is in the best interest of the ward.  Id. 


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)