Minnesota Guardianship and Conservatorship Data

Ever wonder how many current guardianships and conservatorships there are in Minnesota?

Here is the data, from the Court Information Office of the State Court Administrator's Office (and with a BIG thanks to William Mitchel College of Law student Jacob McKnite who gathered this information for a paper he is writing and kindly provided it to me):

Guardian totals:  17,040

Guardian/Conservator totals: 7,020

Total combined:  24,320

With the aging population, we can expect these numbers to grow.

National Alzheimer's Plan

Today the Obama Administration announced the release of the National Alzheimer’s Plan. U.S. Secretary of Health and Human Services Kathleen Sebelius reaffirmed our nation’s commitment to conquering Alzheimer’s disease and related dementias, with a specific goal of finding effective ways to prevent and treat the disease by 2025.

The Obama Administration also published a new website alzheimers.govhttp://alzheimers.gov/ which will serve as a resource for those fighting the disease, as well as those caring for individuals who have the disease.  At first glance, it looks like a very comprehensive resource,.

Read the entire text of the National Alzheimer’s Plan here 

You've been appointed as Conservator for the protected person.  Now what?  You must figure out what assets the protected person has and prepare an inventory.  The forms for the inventory and oath can be found on the Minnesota Court website.   Minnesota Statute 524.5-419 governs the inventory that must be filed.  It provides, in pertinent part:

524.5-419 INVENTORY; RECORDS.

(a) Within 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.

Minnesota Statute 524.5-419 also governs records retention for the conservator.  It provides, in pertinent part:

524.5-419 INVENTORY; RECORDS.

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(b) A conservator shall keep records of the administration of the estate and make them available for examination on reasonable request of the court, ward, protected person, or any attorney representing such persons.

If you have specific questions about the requirements of filing an inventory or keeping records, contact experienced guardianship attorney Cindi Spence Matt.

Temporary Successor Guardian Appointment in Minnesota

What can be done if the current guardian is not adequately performing his or her duties and the welfare of the ward is in jeopardy?

Under Minnesota Statute 524.5-312, the Court has authority to appoint a temporary substitute guardian. That statute provides:

(a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the ward or the affected guardian, within five days after the appointment, the court shall inform the ward or guardian of the appointment.

(b) The court may remove a temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In other respects, the provisions of this article concerning guardians apply to a temporary substitute guardian.

This is a good option if the normal procedures to appoint a successor guardian (which include petition and notice, just like in initially establishing a guardianship) cannot be followed, or if someone is not immediately available to serve as permanent guardian. A temporary substitute guardian can be appointed ex parte by the court, without notice to the ward, guardian or all interested persons. However, if that is done, then within 5 days after the appointment, the ward and guardian must be given notice of the appointment.