Guardianship and conservatorship in Minnesota: who, where, cost

How a court can name a guardian or conservator in Minnesota, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian (limited or unlimited), emergency guardian, conservator (limited or unlimited)

Filing fee
$310 first-paper filing fee for a civil action or proceeding in district court; local law library fees may apply.
Court
District court in the county where the person lives.

What guardianship or conservatorship is

What it is called

Guardian (limited or unlimited), emergency guardian, conservator (limited or unlimited)

When a court may appoint one

An incapacitated person is someone who lacks sufficient understanding or capacity to make personal decisions and cannot meet personal needs for medical care, nutrition, clothing, shelter or safety, even with appropriate technological and supported decision making assistance. The court may appoint a guardian only on clear and convincing evidence that the person is incapacitated and that their needs cannot be met by less restrictive means, such as technology, supported decision making, community services or a health care agent. The court must explain why less restrictive alternatives do not work and grant only needed powers.

Kinds
  • Limited guardianship
  • Unlimited guardianship
  • Emergency guardianship (up to 60 days)
  • Limited or unlimited conservatorship
  • Protective orders

Law: Minn. Stat. §§ 524.5-102, 524.5-303, 524.5-309, 524.5-310, 524.5-311, 524.5-409

Who can ask, which court and your own choice

Who may ask

The person themselves or anyone interested in their welfare.

Court

District court in the county where the person lives.

Choosing your own

Naming a health care agent in a health care directive counts as nominating that person as guardian unless you say otherwise; your health care agent is second in the court's priority list.

Law: Minn. Stat. 145C.07 subd. 2, 524.5-309

Effect on a power of attorney

A guardian or conservator has the same power you would have to revoke, suspend or end your power of attorney. If a guardian is given medical decision powers, your health care agent's authority is suspended until the court orders otherwise.

Law: Minn. Stat. 523.11; Minn. Stat. 524.5-310(f)

Cost, fee waiver and forms

Filing fee

$310 first-paper filing fee for a civil action or proceeding in district court; local law library fees may apply.

Law: Minn. Stat. 357.021, subd. 2(1)

Fee waiver

You can ask the court to waive fees (in forma pauperis).

Other options and where to report abuse

Supported decision-making

Minnesota has no supported decision-making law.

Less restrictive options
  • Supported decision making: People the person chooses help them understand and communicate their own decisions.
  • Health care agent: A health care directive names someone to make health care decisions.
  • Attorney-in-fact (power of attorney): Handles property and money matters without a conservatorship.
  • Representative payee, trusts, banking or bill-paying help: Listed in the statute as less restrictive options to a conservatorship.
Report abuse or exploitation

Minnesota Adult Abuse Reporting Center (MAARC), 24 hours a day · 1-844-880-1574

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: Minn. Stat. §§ 524.5-102 subd. 16a, 524.5-310, 524.5-409

Free help in Minnesota

Report abuse or exploitation

Minnesota Adult Abuse Reporting Center (MAARC), 24 hours a day · 1-844-880-1574

Questions about powers of attorney in Minnesota

How does guardianship or conservatorship work in Minnesota?

An incapacitated person is someone who lacks sufficient understanding or capacity to make personal decisions and cannot meet personal needs for medical care, nutrition, clothing, shelter or safety, even with appropriate technological and supported decision making assistance.

What does a guardianship or conservatorship cost in Minnesota?

$310 first-paper filing fee for a civil action or proceeding in district court; local law library fees may apply.

What are the alternatives to guardianship in Minnesota?

Supported decision making; Health care agent; Attorney-in-fact (power of attorney); Representative payee, trusts, banking or bill-paying help.

More for Minnesota