frequently Asked Questions



What is Guardianship of Person?

In  its most basic form, guardianship of person encompasses the job of  making decisions for a person who has been legally declared  incapacitated, incompetent or legally disabled. It is always a legal  process and can often be adversarial in nature.

Who Needs a Guardian?

To  need for guardianship focuses on the individual's ability to make  decisions, to understand the consequences of the decisions, and to  communicate the decisions once made. The areas of decision-making on  which most guardianship decisions are focused include living  environments and medical care. Other services may include educational  training, initiating supplementary professional services and connecting  with community and private supports also fall within the scope of  practice for the guardian.

Who may be a Guardian?

A  Guardian must be at least 18 years of age, have no felony convictions,  and should not themselves be disabled. In some states there is a  statutory preference for appointing family members as guardians; in  others it is at the discretion of the court. More states are requiring  that individuals appointed as guardians have some minimum training - for  example, to watch a video, read a book, or to attend a course on  guardianship.

Why select a Trained Guardian?

Professional  guardians elect to do this job and have been trained and tested.  Guardians who are members of professional organizations agree to abide  by that organizations Code of Ethics and may have continuing training  requirements.

What is Informed Consent?

This  is a person's voluntary agreement to allow something to happen that is  based on full disclosure of facts needed to make the best decision in  the given situation. The guardian stands in the place of the protected  person and must be afforded the same information and freedom of choice  as the protected person would have received. Making an informed decision  requires adequate information on the issue, and a lack of coercion so  that the decision is voluntary. If any of these requirements are not  met, an informed decision cannot be made. Informed consent is a key  doctrine in guardianship.

Can  Guardian & Conservator Services also provide Care Management or  Private In-home Non-medical Care Attendant services to the protected  person?

No.  However, Guardian & Conservator Services can help arrange private  consultation, care management and in-home medical or non-medical care  service.

Helpful resources


Minnesota Department of Human Services

Adult Protective Services


(651) 431-2609

(800) 882-6262

(800) 627-3529 TDD/TTY
Investigation  of allegations of abuse, neglect (including self-neglect) or  exploitation of adults with disabilities and elderly adults.

Office of Health Facility Complaints
P.O. Box 64970
St. Paul, MN 55164-0970
Phone: (651) 201-4201
National, Toll Free 1-800-369-7994


(651) 431-2555,

(800) 657-3591

TDD/TTY call 711

Mailing Address:

Office of Ombudsman for Long-Term Care
P.O. Box 64971
St. Paul, MN 55164-0971

Senior LinkAge Line: 1-800-333-2433 Senior  LinkAge Line® is a free information and assistance service that makes  it easy for seniors and their families to find community services.

MN Department of Services: Aging (Click on "Aging" Tab):

The Alzhemier's Store:

Planning For Your Needs:

Assisted Living:

Nursing Home:

Paying for Aging Services:

Medicare Information:

National Alzheimer's Association: