When an adult with special needs reaches the age of 18, their parents or caregivers often face difficult decisions about how to provide continued support. Guardianship and conservatorship in Minnesota are legal options that can help protect a loved one who cannot manage their own affairs. However, these processes can be complex, requiring court approval and ongoing oversight.
If you have a family member with a developmental disability, cognitive impairment, or other condition that affects decision-making, it’s essential to understand how guardianship and conservatorship work—and whether alternative estate planning tools may offer a better solution.
What Is Guardianship?
Guardianship is a legal arrangement where the court appoints a guardian to make personal and healthcare decisions for an individual who cannot make them on their own. A guardian may be responsible for:
- Making medical and healthcare decisions
- Overseeing daily care and living arrangements
- Ensuring the person receives necessary support services
Guardianship can be full (where the guardian makes all decisions) or limited (where the individual retains some decision-making rights).
How Is a Guardian Appointed?
Establishing guardianship involves several legal steps:
- Filing a petition with the court requesting guardianship
- Providing medical evidence that the individual is unable to make decisions
- Appointment of a Guardian ad Litem (GAL) to investigate the situation
- Court hearing where a judge determines if guardianship is necessary
While guardianship can provide necessary protection, it also removes an individual’s legal rights to make their own decisions, which is why many families explore alternatives first. To better understand whether this is the right choice for your loved one, learn more about when a conservatorship may be necessary and how to establish one
What Is Conservatorship?
A conservatorship is similar to guardianship but focuses on financial matters. A court-appointed conservator manages an individual’s financial assets, including:
- Paying bills and handling banking transactions
- Managing investments and real estate
- Preventing financial exploitation
Many families opt for guardianship and conservatorship in Minnetonka together if a loved one requires help with both personal and financial decision-making. However, alternatives like powers of attorney and revocable living trusts may allow families to avoid court involvement while still protecting their loved one’s interests.
Alternatives to Guardianship and Conservatorship
Before pursuing guardianship or conservatorship, families should consider estate planning tools that offer protection while allowing the individual to retain more autonomy.
1. Durable Power of Attorney (POA)
A durable power of attorney allows an individual to name a trusted person to manage financial affairs if they become unable to do so. Unlike conservatorship, a POA:
- Does not require court approval
- Allows the individual to choose their representative
- Can be revoked if circumstances change
2. Health Care Directive
A health care directive, which combines a living will and medical power of attorney in Minnesota, lets an individual specify their medical preferences and designate a trusted person to make healthcare decisions if they become incapacitated.
3. Revocable Living Trust
A revocable living trust is one of the most effective ways to manage a person’s financial assets without court oversight. Instead of a court-appointed conservator, a trustee (chosen by the individual or their family) manages the assets according to the trust’s terms.
Why a Revocable Living Trust May Be the Best Option
For families seeking guardianship and conservatorship in Minnetonka, a revocable living trust may offer greater control and protection:
- Avoids court involvement – Unlike conservatorship, a trust is a private arrangement.
- Provides long-term financial management – A successor trustee ensures assets are used appropriately.
- Protects eligibility for government benefits – Trust funds can be structured to preserve benefits like SSI (Supplemental Security Income).
If the individual with special needs has significant financial resources, a special needs trust (SNT) may also be an option. This type of trust ensures that assets are used for the individual’s benefit without jeopardizing government assistance.
Choosing the Right Plan for Your Loved One
Every family’s situation is unique, and guardianship and conservatorship in Minnetonka may be necessary in some cases. However, estate planning tools like powers of attorney and trusts can often provide the same level of protection without court intervention.
If you are unsure which option is best for your loved one, consulting an estate planning attorney can help you explore the most effective strategies. Learn more about how to set up a conservatorship in Minnesota and what steps may be necessary for your situation.
Take the Next Step in Protecting Your Loved One’s Future
Planning for a loved one’s future is an important responsibility. Whether you need guidance on guardianship, conservatorship, or alternative estate planning tools, working with an experienced attorney can help ensure the best possible outcome. Book a Call with the team at Stone Arch Law Office in Minneapolis and Woodbury for compassionate and tailored guidance for your family’s needs.
