The Right to Marriage in a Guardianship

Marriage is a fundamental right that is protected by the United States Constitution, as well as the civil right to enter into contracts. But when a person has a guardian appointed, they typically can no longer sign binding contracts on their own. Rather, their guardian would have the authority to do so on their behalf. In such cases, you may be wondering whether a protected person has the right to marriage in a guardianship — and the answer is yes. This right is safeguarded under Minnesota’s Guardianship and Conservatorship Bill of Rights.

What is a Guardianship?

A guardianship is a legal arrangement that appoints an individual (called a guardian) to make personal decisions for someone who has been deemed to be incapacitated. The guardian is given the authority to make decisions concerning the protected person’s daily welfare, healthcare, education, and more. The powers of the guardian are tailored to the protected person’s needs and limitations. These powers are enumerated in the court order granting the guardianship.

But just because a person has a guardian appointed does not mean they do not have any personal autonomy. The law dictates that the least restrictive means must be put into place to help ensure the incapacitated person retains their civil liberties. Importantly, the person in need of a guardianship has a wide range of rights which must be enforced by the court. These are enumerated under Minnesota Stat. § 524.5-120, and include but are not limited to the rights to:

• Be treated with dignity and respect
• Have their desires and preferences considered when it comes to medical treatment
• Participate in healthcare decision-making
• Exercise control over all aspects of their life unless a court order designates otherwise
• Petition the court to initiate a change to their living arrangements
• Care, comfort, recreation, and employment
• Be consulted about the disposition of their property
• Personal privacy
• Communicate with others and receive visitors
• Elect or object to sterilization
• Terminate or modify the guardianship
• Be represented by an attorney in court
• Vote
• Make decisions regarding their personal image and name
• Appoint a healthcare agent

Notably, a person who is subject to a guardianship also has the right to marry and procreate — unless court approval is required first.

What is the Right to Marriage in a Guardianship?

The fact that a guardianship is in place will likely not prevent the protected person from getting married or invalidate a marriage that was entered into. But even though a person subject to a guardianship has the right to marry, they must be competent to do so. The level of capacity required to enter into a marriage is not evaluated in the same way as the kind of competence needed to enter into other contractual arrangements.

Specifically, Minnesota case law has held that in order for a person subject to a guardianship to marry, they must understand the meaning, rights, and obligations of marriage. In a contested case, the court would begin its evaluation with the presumption that the individual has the competency to marry. Anyone opposing their competence to marry has the burden of proof to establish that they do not meet this standard.

What Case Addresses the Right to Marriage in a Guardianship?

The right to marriage in a guardianship was addressed by the Minnesota Court of Appeals in the 2014 case, In the Matter of the Guardianship of: Michael Timothy O’Brien, Ward. In this matter, a 27-year-old man subject to a guardianship who suffered from a persistent mental disorder requested a declaratory judgment to marry a woman he had been dating. His parents, who were his guardians, objected to his motion and argued that he did not have the requisite capacity to enter into marriage. While the lower court ruled in favor of the parents, the person subject to the guardianship appealed to the Minnesota Court of Appeals.

The appeals court concluded that marriage is a fundamental civil right. However, it is subject to reasonable regulation by the state, as long as those regulations did not interfere with the decision to enter into the marriage. While the court found that there is a legal presumption in favor of the right to marriage in a guardianship, it reversed the judgment of the lower court since this presumption had not been applied.

Contact an Experienced Minnesota Guardianship Attorney

If you are facing a dispute concerning marriage in a guardianship as either a guardian or the person in need of a guardianship, it’s essential to have a knowledgeable attorney by your side to assist you with navigating the legal process. At Dave Burns Law Office, I provide reliable representation and trusted counsel for Minnesota guardianship proceedings.

If you would like to discuss a guardianship matter, I welcome you to contact me at (612) 677-8351 or by emailing dave@daveburnslaw.com. I assist clients throughout the Twin Cities metro area and am available to meet with clients in both Minneapolis and St. Paul.