DSD eList announcement

Date: May 26, 2026
To: County supervisors of public guardianship and delegate public guardians
From: DHS Disability Services Division, Office of Public Guardianship
Purpose: To notify county delegate guardians of their responsibility to address limited-duration guardianship orders under Minn. Stat. §524.5-310(d)
Effective: Aug. 1, 2026
Contact: dhs.publicguardianship@state.mn.us

Update on limited-duration guardianship for people younger than age 30

Starting Aug. 1, 2026, limited-duration guardianship orders will begin to expire. Counties may need to take action to file new petitions for guardianship before these orders expire.

Policy

Effective Aug. 1, 2020, statutory changes established new requirements for the duration of guardianship orders. The court sets limited-duration guardianships, with specific limits for younger adults:

· For people younger than age 30 at the time of the guardianship order, the court sets a defined duration that does not exceed 72 months.

· For people age 29 or older who are already subject to a limited-duration guardianship, the lead agency can petition the court to request a continued guardianship appointment if the person still needs a guardian at that time.

For the full policy, refer to Minn. Stat. §524.5-310(d).

This policy:

· Reinforces periodic review.

· Promotes least-restrictive alternatives.

· Supports ongoing assessment of a person’s needs and autonomy.

Petitions for continued limited-duration guardianship before age 29

For people younger than age 29 who are subject to a limited-duration guardianship, the county should determine whether guardianship continues to be necessary and whether less-restrictive alternatives could appropriately meet the person’s needs, consistent with Minn. Stat. Ch. 524.

If the county determines the person will continue to need guardianship, the county should initiate a petition for continuation of limited-duration guardianship before the current order expires.

Petitions for continued guardianship after age 29

For people appointed to guardianship before age 30, the county should determine whether guardianship continues to be necessary and whether a continuing guardianship appointment without a defined expiration remains the least-restrictive option.

If the county determines the person will continue to need guardianship, the county should initiate a petition for continued guardianship while the limited-duration guardianship remains in effect either:

· When the person reaches age 29.

· Before the 72-month expiration date.

This timeline allows for continuity of care and court review before the limited-term guardianship ends.

If the county waits until the guardianship expires:

· There is a risk of a lapse in guardianship authority.

· The county may need to file a new guardianship petition rather than seek continuation or modification of the existing order.

Counties should work with their legal counsel and courts to allow sufficient time for review and court action before the expiration of a time-limited guardianship order.

Counties that provide delegate public guardianship must send a copy of the filed petition and order for public guardianship via email to dhs.publicguardianship@state.mn.us.

Previous eList announcements

DSD LEAD AGENCY ARCHIVE | DSD STAKEHOLDER ARCHIVE