How to Terminate a Guardianship or Conservatorship

Guardianships and conservatorships can be crucial for individuals who are incapacitated and unable to take care of themselves or handle their own affairs. But while these legal relationships may be necessary in certain cases, there are a few scenarios under which they can be terminated after they have been established. Importantly, a court order is typically required to terminate a guardianship or conservatorship that is indefinite in duration — and it is essential to understand the situations in which these arrangements can be ended.

What are Guardianships and Conservatorships?

A guardianship is a legal relationship between an individual who has been declared legally incapacitated and the person who has been ordered by the court to care for their personal needs. A guardian must ensure that their person subject to guardianship basic needs are met; that they have food, clothing, and shelter; and necessary medical care. Their authority is subject to the control of the court, and they are only granted the powers necessary to provide for the welfare of the person in need of the guardianship.

Not to be confused with a guardianship, a conservatorship is an arrangement in which a person appointed by the court handles financial, legal, or business matters for an individual who is legally incapacitated. While the duties of a conservator can vary based on the needs of the incapacitated person, a court order may give them the authority to pay bills, execute contracts, handle real estate matters, collect debts, make investments, and perform other financial functions.

Guardianships and conservatorships can significantly impact a person’s civil liberties and their rights to make their own decisions — by law, they must only be used in limited cases. Notably, courts in Minnesota are required to consider the least restrictive means before a guardian or conservator is appointed. This can mean exploring appropriate alternatives such as health care directives, powers of attorney, the use of trusts, or community services.

How to Terminate a Guardianship

Under Minnesota law, the length of a guardianship depends upon how old the person being cared for is. Any individual who is under the age of 30 must have a guardianship that is limited to a maximum of six years. Guardianships for individuals who are over 30 can continue indefinitely, unless a court order specifies an end date, or a petition is filed to terminate it. Temporary guardianships lasting up to 60 days may be appointed in emergency situations. In such cases, one extension of an additional 60 days is available.

The criteria for terminating guardianships is outlined in Minn. Stat. § 524.5-317. Any party with an interest, pursuant to Minn. Stat. § 524.5-102, Subd. 7 can make a request to the court to terminate a permanent guardianship — or a guardianship of limited duration before the time frame has expired. Interested parties can include the person subject to the guardianship or any other person who is concerned about the individual’s welfare.

Situations in which a guardianship can be terminated can include the following:

• The death of the individual subject to the guardianship — A notice of death must be provided to the court and the court will then issue an order terminating the guardianship.
• Expiration of the duration of the guardianship — If the court orders a specific duration for the guardianship, the legal arrangement would end on that date.
• Order of the court — If the individual subject to the guardianship no longer needs assistance or is no longer incapacitated the court may issue an order terminating the guardianship.

In cases where capacity has been restored, the person subject to the guardianship or person providing assistance to them must file a “Petition for Restoration to Capacity” with the court. This document must state that the protected person is no longer incapacitated and is able to provide for their own care. In the petition, the court will be requested to appoint a court visitor and a time and place for a hearing. Under Minn. Stat. § 524.5-317 (c), the petitioner must establish a prima facie case for termination. The court must terminate the guardianship and discharge the guardian unless it is proven that continuation of the guardianship is in the best interest of the person subject to guardianship.

How to Terminate a Conservatorship

Just as a guardianship may be limited in duration or indefinite, a conservatorship in Minnesota can be temporary or permanent — depending on the specific circumstances. Under Minn. Stat. § 524.5-431, a conservatorship can be terminated upon the death of the person subject to the conservatorship or by court order. A judge can end a conservatorship if it can be shown that the arrangement is no longer needed or there is cause to terminate the guardianship, such as the person subject to conservatorship is no longer incapacitated.

Common reasons to ask the court to terminate the arrangement can include the following:

• The individual no longer needs the conservatorship — If the incapacitated person regains capacity and becomes capable of managing their own finances, the court may terminate a conservatorship.
• The individual reached the age of majority — In cases where the conservatorship was established for a minor, the arrangement terminates once that person reaches the age of 18.

If the person subject to the conservatorship regains capacity, a “Petition for Restoration to Capacity” would need to be filed with the court, as outlined above. Similar to termination of guardianship proceedings, the protected person would need to present a prima facie case to the court that the conservatorship is no longer necessary and they are able to manage their property, handle their financial affairs, and conduct their business matters.

Contact an Experienced Minnesota Guardianship and Conservatorship Attorney

The requirements to terminate a guardianship or conservatorship in Minnesota can be complex. It’s best to have a knowledgeable attorney who can 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 file a petition to terminate a guardianship or conservatorship, 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.