When A Court Appoints A Guardian
Minn. Stat. 524.5-310 — specific findings on why less restrictive alternatives do not work
Clear and convincing. The court may appoint a guardian, limited or unlimited in duration or power, only if it finds by clear and convincing evidence, among other things, that the respondent's needs cannot be met by less restrictive means, such as technological assistance, supported decision making, community or residential services, or a health care agent.
Findings and retained powers. The court makes specific findings particular to the respondent on why less restrictive alternatives do not work. Any power not specifically granted to the guardian, after a written finding of demonstrated need, is retained by the person.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 524.5-310 — Findings; order of appointment
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.