Guardianship is the most restrictive decision-making option,
because under guardianship you lose many rights.
Guardians make decisions when it is determined you are unable
to make decisions to meet your basic needs and you have no
other way to get support to make those decisions.
The person appointed by the court to be the guardian is the decision-maker.
This could be private, like a family member, friend,
volunteer or professional paid guardian. Or public.
For people with intellectual disabilities without a private option,
the Department of Human Services Commissioner can be appointed
and a county social worker would be assigned to be the delegated guardian.
Guardians are appointed by a judge in a court hearing.
The judge may give one, some, or all available powers
allowed by law, such as decisions about your basic needs
food, clothing, housing, medical care, safety and supervision.
One downside of having a guardian is that, depending on what
the judge authorized, they could decide where you live,
make medical decisions for you, consent to care and services,
and make decisions for your safety.
They may also be able to enter into contracts on your behalf,
such as managing benefits, like Medical Assistance.
They can also restrict interactions with other people,
if they believe that certain people pose a risk of significant physical,
psychological or financial harm and there is no other way to avoid that harm.
These restrictions must be in writing and you,
the person, and the court must receive a copy.
But, guardians can’t make decisions for anything that
falls outside the powers granted by the judge.
And they’re encouraged to help you understand
your options and choices, so you are involved in making decisions.
They also have to seek your input in decisions
they make about you, and honor your preferences.
Guardianship and Your Rights
Minnesota has a law called
‘Bill of Rights for Persons Subject to Guardianship and Conservatorship'-
you must be given a copy of these rights every year and reminded
that you can ask a judge to change or end the guardianship at any time.
You have a right to participate in decision making
and to share your wants and beliefs.
Decisions by the guardian cannot violate
your preferences and beliefs, if you make them known.
You have the right to employment and employment services,
to keep your wages, and to vote –
unless otherwise restricted by the judge.
You have the right to privacy and to spend time
with people you choose, including visitors, social activities,
using the phone, email and mail,
and participating in social media.
You have the right to discuss any concerns with your guardian
and explain what you want and why.
It helps to talk about concerns and brainstorm ways to reduce
risks your guardian may be worried about, to find solutions
that set appropriate boundaries.
You have the right to petition the court to object to your
guardian’s decisions, to request restrictions be removed,
or to ask a judge to change or terminate guardianship.
You have the right to have legal representation for these petitions.
You have the right to be treated with dignity and respect,
to control all aspects of your life that are not
delegated to your guardian;
and to receive services suited to your needs.
If your guardianship was granted after August 1, 2020,
and you were between the age of 18-29 when it was granted,
it will automatically end after 6 years.
A judge can limit the length of guardianship when it is appointed.
You can file a petition to change or end guardianship at any time.
If you want to keep certain parts of guardianship, but get back
some of your decision-making rights,
you can request that of the judge as well.
For more information on guardianship and other
types of decision-making, visit DisabilityHubMN.org