The Role of Court Visitors in Guardianships

If your loved one has been diagnosed with Alzheimer’s or another condition that causes them to become incapacitated, they may be in need of a guardianship. This is a legal framework that is put into place to protect individuals who cannot make decisions about matters concerning their welfare. While a guardian is the person who is given the authority to make decisions on behalf of the incapacitated person, court visitors also play an essential role in these proceedings.

What is a Court Visitor?

A court visitor may be appointed in a guardianship or conservatorship proceeding. Not to be confused with a court appointed guardian, court visitors do not advocate for the incapacitated person. Rather, this individual is a neutral professional who has a background in law, psychology, social work, or a similar field. They are appointed by the judge in a guardianship case to meet with the proposed person subject to a guardianship, read them the petition, and carry out several other responsibilities.

What Role Do Court Visitors Play in Guardianships?

Court visitors play a crucial role in the guardianship process. Since the appointment of a guardian is a serious matter that can significantly impact the rights and liberties of the alleged incapacitated person, courts in Minnesota will assign a court visitor to serve the notice and petition — as well as explain it.

Specifically, under Minnesota law, a court visitor in a guardianship has the following responsibilities:

• Meet with the person who is subject to the guardianship — The court visitor may meet with the person in need of a guardian once or more than once, depending on what they deem necessary.
• Observe the person subject to the guardianship — The court visitor must observe the appearance, lucidity, and surroundings of the person who is subject to the guardianship.
• Explain the petition — The court visitor must serve and explain the petition and the notice of hearing to the person in need of a guardian. They must also read it aloud if requested.
• Assist with obtaining a lawyer — The court visitor is required to assist the person subject to a guardianship with obtaining legal counsel, whether a private or court appointed lawyer.
• Advise that a report will be filed — Another responsibility of the court visitor is to advise the person subject to the guardianship that a report will be filed at least seven days before the hearing. They must also be informed that the report will be available to them or their lawyer.
• Prepare a written report — The visitor must prepare a written report for the court that sets forth all relevant matters in determining the need for a guardian. The report must also include recommendations concerning the guardian’s appointment and limitation of powers. The original report must be filed with the court and a copy must be served upon the petitioner within seven days prior to the hearing.

A court visitor must have the necessary experience. Under Minnesota law, a visitor is required to have training in law, healthcare, or social work. The specific experience needed will depend on the circumstances of the proposed person subject to guardianship. In addition, the visitor must be an officer of the court and not have an interest in the proceedings. In the event there is a conflict of interest, the court will appoint a new visitor immediately.

What Happens if a Dispute Arises Concerning a Court Visitor?

Court visitors must be unbiased when assessing the proposed person subject to guardianship. In the event a dispute arises due to allegations that the visitor was not impartial, or they did not follow proper procedures, any interested party in the guardianship proceeding may file a complaint with the court. The court may then investigate the complaint and conduct a hearing to address the concerns. If the court finds that the visitor did not comply with proper protocol or there is a conflict of interest, they may be removed from the position.

Contact an Experienced Minnesota Guardianship Attorney

If you are facing a dispute regarding a court visitor in a guardianship proceeding, it’s vital to have a skillful attorney by your side to guide you through the legal process. At Dave Burns Law Office, I provide knowledgeable representation and compassionate 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.