Minn. Stat. §524.5-101 – §524.5-502, Minn. Stat. §524.5-211, Minn. Stat. Chapter 257B, Minn. Stat. §256B.092, subd. 7, Minn. Stat. Chapter 252A

Guardian: Individual appointed by the court to make personal decisions for the person, as identified in a court order.

Ward: Person who has a court-appointed public guardian.

Conservator: Individual appointed by the court to make financial decisions for a protected person. The conservator typically has the power to enter into contracts, pay bills, invest assets and perform other financial functions for the protected person.

Protected person: Person who has a conservator.

Informal supported decision-makers: Individuals the person has chosen to help them understand and make decisions. Supported decision-makers are not appointed by the court and do not have any legal authority.

Court-appointed legal representatives can have varying degrees of legal authority, powers, duties and responsibilities for a person who is either a minor or an adult deemed incapacitated.

There is no limit on the number of legal representatives a court can appoint for a person. Each legal representative may be required to sign applicable documents.

It is important for the certified assessor to know who has legal authority and power to make decisions, and who must sign required documents.

The county/tribal nation should retain a copy of any court order that establishes a legal representative's authority. These documents are proof of the individual's legal authority and power to act, provide informed consent and make best-interest decisions on behalf of the person.

A legal representative may delegate legal representative responsibilities to another person using a properly executed power of attorney.

The legal representative can delegate these responsibilities for a period not to exceed one year. The legal representative:

Refer to the specific sections for more information about these codes:

The court determines the specific area in which the private guardian/conservator has the authority to make decisions. This type of guardian does not include guardians ad litem.

Public guardianship refers to the court appointment of the DHS commissioner as the legal guardian of an adult with a developmental disability. For more information, refer to CBSM – Public guardianship.

A guardian ad litem is appointed by a court order. A guardian ad litem looks after the interests of a person involved in litigation and is often appointed in civil commitment cases and as part of child custody hearings.

For a person younger than 18 years old, parents already have legal authority to consent on behalf of their child. These powers remain with the parents unless suspended or terminated by a court order.

For a person younger than 18 years old, the county/tribal nation may act as legal representative or public guardian if the court orders the appointment of the county/tribal nation to have this authority and power.

If, for the purposes of the screening document, a person is able to make informed choices and communicate best-interest decisions on their own behalf, the person does not need a legal representative. This means the person can make an informed choice about the services and supports available.

If a person has an appointed legal representative but the court order does not restrict the person’s rights for the purposes of the screening, the person has the authority to give informed consent and can sign the screening document as the legal representative.

If the assessor suspects the person is unable to make an informed choice about supports and services available to them, the county/tribal nation must:

If the person has an emergent need for support and safety/risk factors exist, the county/tribal nation must offer the person the option to put protective supports and services in place concurrently with petitioning the court for legal representative(s), if needed.

It is possible to establish special emergency and substitute temporary guardianships under:

For additional information, refer to CBSM – Adult protection and CBSM – Child protection.