Frequently asked questions about public guardianship

The county or any interested individual may nominate a person for public guardianship. For instructions, see CBSM – How to establish public guardianship.

No. Guardianship law only allows people with a developmental disability diagnosis to be under public guardianship. Guardianship law does not include:

• People with related conditions or other brain conditions
• People with other disabilities
• Older adults.

In either of these scenarios, the county may petition the court to terminate a person’s public guardianship. The person remains under public guardianship until one of the following happens:

• The person dies
• A court action removes the person’s guardianship status
• The court discharges the person from public guardianship to a private party as a successor guardian or conservator.

If the person’s location is unknown, the county must notify the DHS Public Guardianship Office via:

• Email DHS
• Fax: 651-431-7527
• Phone: 844-205-4189.

If the person moves to a different county, the county in which the person’s public guardianship was established remains the county of guardianship responsibility. For information about how to transfer responsibility, see CBSM – Public guardianship.

A person can transfer from public to private guardianship if either of the following happens:

• An individual files a petition with the court to become the person’s successor guardian
• The county files a petition with the court to discharge the person from public guardianship and appoint a private party as their successor guardian.

The person must have representation during the proceedings. The individual seeking to become the person’s guardian may want a lawyer for assistance. The county attorney will represent the county if the county contests the guardianship change. The court’s hearing will either move the person to private guardianship or maintain the person under public guardianship.

If a person no longer needs a guardian, the county should file a petition to terminate guardianship with the court where the person’s public guardianship was established (i.e., court of venue).

A person always has the right to petition the court to terminate their guardianship and the right to representation during the process. In this case, the county attorney will present evidence for or against terminating the person’s public guardianship.

Yes. Unless specifically prohibited in the guardianship order, a person under public guardianship retains their right to vote in local, state and national elections. The county-designated public guardian should take care to inform the person and ensure they are not coerced or intimidated during the voting process.

Guardianship law states that if a person under public guardianship has funds greater than what they need for daily maintenance, a conservator should manage the person’s finances. The purpose of this law is to maintain the person’s eligibility for public assistance. Generally, if the person has $20,000 or more, the conservator should establish a special needs trust and name a trust manager to handle the account.

The county-designated public guardian may use the person’s funds to pay for reasonable costs to:

• Establish a special needs trust
• Manage the trust
• Use a financial conservator.

Yes. A person under public guardianship has the right to refuse treatment. If a person refuses treatment, the county-designated public guardian should make every effort to ensure they make an informed choice. A person who is non-verbal may resist treatment or physical contact. In this scenario, their county-designated public guardian should work with treating professionals to try to determine when the person’s resistance constitutes refusal and when they are avoiding discomfort.

No. A person’s public guardianship is considered terminated when they die. The court requires the county to submit the person’s death notice through the court’s website. Within 14 days of the person’s death, the county must notify the DHS Office of Public Guardianship of the date, time, place and cause of death by emailing the death certificate to DHS or faxing it to 651-431-7527.

No. Guardianship law does not include instructions or rules about final arrangements. The county-designated public guardian should:

• Consider the person’s personal, ethnic, cultural and religious preferences when arranging services and burial (to the extent they know them, and to the extent the person’s funds or county responsibility allows)
• Follow the county’s rules for handling the remains of public beneficiaries
• Plan for the person’s final arrangements in advance, if possible.

If the person’s family is present and involved, they may make or direct final arrangements. Cremation is allowed.

Yes. Minn. Stat. Ch. 525A gives guardians the authority to make anatomical gifts and provides guidance on organ donation. When arranging for organ donation, the county-designated public guardian must:

• Respect the person’s personal ethnic, cultural and religious values (to the extent the guardian knows them)
• Consider the person’s family’s preferences (if they are present and involved).

When planning for final arrangements, the county-designated public guardian should discuss organ donation with:

• The person (to the extent they are capable of understanding and stating a preference)
• The person’s family (if they are present and involved).

The county-designated public guardian must request these non-delegated powers and receive approval from DHS before they can exercise them. For details about the information the county needs to provide in its request, see the DNR/DNI section on CBSM – Approval process for non-delegated powers.

Yes. Hospice is a type of LMT. The county-designated public guardian must request this non-delegated power and receive approval from DHS before they can exercise it. For information about how to request this power from DHS, see the LMT section on CBSM – Approval process for non-delegated powers.

The county must keep a person’s records for four years after they are no longer under public guardianship.

Minn. Stat. §524.5-120 includes the rights of a person under public guardianship.