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Guardianship is the most restrictive decision-making option,

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because under guardianship you lose many rights.

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Guardians make decisions when it is determined you are unable

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to make decisions to meet your basic needs and you have no

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other way to get support to make those decisions.

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The person appointed by the court to be the guardian is the decision-maker.

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This could be private, like a family member, friend,

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volunteer or professional paid guardian. Or public.

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For people with intellectual disabilities without a private option,

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the Department of Human Services Commissioner can be appointed

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and a county social worker would be assigned to be the delegated guardian.

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Guardians are appointed by a judge in a court hearing.

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The judge may give one, some, or all available powers

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allowed by law, such as decisions about your basic needs

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food, clothing, housing, medical care, safety and supervision.

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One downside of having a guardian is that, depending on what

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the judge authorized, they could decide where you live,

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make medical decisions for you, consent to care and services,

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and make decisions for your safety.

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They may also be able to enter into contracts on your behalf,

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such as managing benefits, like Medical Assistance.

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They can also restrict interactions with other people,

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if they believe that certain people pose a risk of significant physical,

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psychological or financial harm and there is no other way to avoid that harm.

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These restrictions must be in writing and you,

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the person, and the court must receive a copy.

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But, guardians can’t make decisions for anything that

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falls outside the powers granted by the judge.

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And they’re encouraged to help you understand

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your options and choices, so you are involved in making decisions.

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They also have to seek your input in decisions

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they make about you, and honor your preferences.

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Guardianship and Your Rights

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Minnesota has a law called

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‘Bill of Rights for Persons Subject to Guardianship and Conservatorship'-

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you must be given a copy of these rights every year and reminded

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that you can ask a judge to change or end the guardianship at any time.

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You have a right to participate in decision making

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and to share your wants and beliefs.

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Decisions by the guardian cannot violate

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your preferences and beliefs, if you make them known.

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You have the right to employment and employment services,

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to keep your wages, and to vote –

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unless otherwise restricted by the judge.

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You have the right to privacy and to spend time

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with people you choose, including visitors, social activities,

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using the phone, email and mail,

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and participating in social media.

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You have the right to discuss any concerns with your guardian

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and explain what you want and why.

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It helps to talk about concerns and brainstorm ways to reduce

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risks your guardian may be worried about, to find solutions

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that set appropriate boundaries.

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You have the right to petition the court to object to your

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guardian’s decisions, to request restrictions be removed,

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or to ask a judge to change or terminate guardianship.

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You have the right to have legal representation for these petitions.

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You have the right to be treated with dignity and respect,

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to control all aspects of your life that are not

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delegated to your guardian;

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and to receive services suited to your needs.

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If your guardianship was granted after August 1, 2020,

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and you were between the age of 18-29 when it was granted,

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it will automatically end after 6 years.

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A judge can limit the length of guardianship when it is appointed.

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You can file a petition to change or end guardianship at any time.

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If you want to keep certain parts of guardianship, but get back

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some of your decision-making rights,

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you can request that of the judge as well.

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For more information on guardianship and other

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types of decision-making, visit DisabilityHubMN.org