Guardianship/Conservatorship
When a person is identified as a ward or protected person as defined below, a petition may be filed with the court for conservatorship or guardianship of that individual. The guardian may be a family member, friend, neighbor, other interested person, or a professional guardian/conservator may be appointed.
In accordance with Minnesota Statutes, professional guardians and conservators may request compensation for necessary services rendered for wards/protected persons. Human Services of Faribault & Martin Counties has developed a Professional Guardians/Conservators Fee Policy and Procedure defining what compensation will be provided.
DEFINITIONS
Conservator: A conservator is appointed to make financial decisions for the protected person (“Conservatee”.) The conservator typically has the power to enter into contracts, pay bills, invest assets, and perform other financial functions for the protected person.
Guardian: A guardian is appointed by the court to make the personal decisions for the protected person (“Ward”.) The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training, and education, etc. For more information on guardianship and conservatorship, visit: http://www.mncourts.gov/Help-Topics/Guardianship-and-Conservatorship.aspx.
In Forma Pauperis (IFP): Minnesota Statute 563.01 states that the court may authorize guardianship or conservatorship proceedings to proceed in forma pauperis, which waives payment of court fees for low income individuals. For more fee waiver information, visit: http://www.mncourts.gov/Help-Topics/Fee-Waiver-IFP.aspx.
Petitioner: The person who brings a petition before the court. For more information on petitioning for appointment of general conservator or guardian, visit: http://www.mncourts.gov/GetForms.aspx?c=21&f=433.
Professional Guardian or Conservator: A guardian or conservator who (usually) has no prior relationship with the ward or conservatee and charges the ward or conservatee a fee for performance of duties.
Protected persons: Protected persons are those individuals who have had conservators appointed for them because they lack similar capacity and have demonstrated an inability to make decisions regarding their financial affairs or estate.
Ward: Wards are incapacitated adults who have a court appointed guardian, lack sufficient understanding or capacity to make or communicate responsible personal decisions, and who have an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety.
