Guardianship of a Child or Adult in Minnesota

The court may appoint a guardian for a minor if it is in the minor's best interest and both parents are deceased or all parental rights have been terminated; a guardian named by a parent has priority. If there is an immediate need, the court may appoint a temporary guardian for up to six months (with notice to the parents and to a minor 14 or older), and in an emergency involving likely substantial harm it may appoint an emergency guardian for up to 30 days.

The court may appoint a guardian for an adult only if it finds by clear and convincing evidence that the person is incapacitated and that the person's needs cannot be met by less restrictive means, including technological assistance, supported decision-making, community or residential services, or a health care agent; the court must make specific findings on why alternatives do not work. The guardian receives only the powers needed, and any power not granted stays with the person. For someone under 30, the guardianship must be limited in duration (no more than 72 months). The court may instead issue a protective order or other appropriate order.