How to Obtain an Emergency Guardian or Conservator in Minnesota

Guardianships and conservatorships can be crucial to ensure an incapacitated person’s welfare and financial interests are protected. While it can take a few months from the time the initial petition is filed until a guardian or conservator is appointed, some situations are urgent. In Minnesota, an interested party may file a petition for an emergency guardian when an individual’s welfare is at imminent risk. Similarly, an emergency conservatorship may be granted in cases where an individual’s assets are at immediate risk of loss or dissipation.

What is a Guardian or Conservator?

While many people associate guardianships and conservatorships with minors, these legal arrangements can also be put into place for adults who have been determined to be legally incapacitated. A guardian handles matters pertaining to the incapacitated person’s welfare while a conservator manages the person’s finances. Guardians and conservators can be two separate people, or one person can be appointed to serve in both roles.

Specifically, a guardian can be given the authority to make decisions about the incapacitated person’s housing and medical care. They also ensure that the person has food, clothing, and other basic necessities. A conservator’s duties can include handling bank accounts, entering into contracts, filing taxes, and managing business affairs.

When is an Emergency Guardian or Conservator Necessary?

If a loved one suddenly becomes incapacitated due to illness or injury and cannot care for themselves, it may be necessary to file for an emergency guardianship. Although obtaining a guardianship can be a lengthy process that lasts several months, Minnesota law allows for an expedited process in some circumstances. An emergency guardianship may be put into place in cases where there is a risk of substantial harm. This is meant to be a temporary arrangement lasting 60 days in order to address situations that are urgent.

Some situations where an emergency guardianship may be necessary can include the following:

• There is a life-threatening medical emergency
• The person’s health or safety is at immediate risk of harm
• The person is in danger due to being unable to receive essential services
• A critical surgical procedure or urgent medical intervention is necessary
• The person has been exposed to abuse or neglect that put them in danger
• The person has been diagnosed with dementia and is at risk of wandering from home

If your loved one is unable to handle their financial affairs and there is an immediate risk of assets being lost, an emergency conservatorship may be needed.

What is the Process to Obtain an Emergency Guardian or Conservator?

Since they can have a significant impact on an individual’s civil liberties, courts do not take establishing guardianships or conservatorships lightly. There are strict procedures in place and stringent legal requirements to obtain an emergency guardian. Notably, an emergency guardianship or conservatorship in Minnesota is not a final determination of an individual’s incapacity. It is a temporary court order.

To obtain an emergency guardianship, a petition explaining the urgent need for the arrangement must be filed with the court. The petitioner must be a person interested in the respondent’s welfare and able to establish the following:

• Substantial harm to the respondent’s health, safety, or welfare is likely to occur, and
• There is no other person who has the authority or willingness to act in the circumstances.

To appoint an emergency conservator, the court must find that without management, assets would immediately be wasted, lost, or dissipated — and there is no other person who is authorized or willing to act under the circumstances. If an emergency guardianship or conservatorship is put into place, the guardian or conservator may only act in accordance with the powers that are specified in the order. Upon receiving a petition for a guardianship or conservatorship, the court must appoint a lawyer to represent the respondent. The emergency guardian or conservator may be removed by the court at any time.

It is generally required to provide advance notice to the alleged incapacitated person regarding the guardianship and conservatorship proceedings that have been commenced. However, Minnesota law allows for an emergency guardian or conservator to be appointed without notice if a judge determines based on an affidavit and other sworn testimony that the individual would be substantially harmed before a hearing is held. In these cases, the person must be provided with notice of the guardianship or conservatorship within 48 hours, and a hearing must be held within five days of the appointment.

Contact an Experienced Minnesota Guardianship and Conservatorship Attorney

If you believe a guardianship or conservatorship is in the best interests of your loved one, it’s essential to work with a knowledgeable guardianship attorney who can help you navigate the legal process. At Dave Burns Law Office, I provide trusted representation and compassionate counsel for Minnesota guardianship and conservatorship proceedings.

If you are facing a guardianship or conservatorship 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.