It’s a complex process becoming a guardian of a person who can no longer care for themselves or effectively communicate their wants, needs, and desires. Even after appointment, the court remains involved in the matter and establishes requirements for a guardian so that oversight can continue. Let’s take a look at Minnesota Statutes 2023, section 524.5-316, which explains the reporting requirements of a guardian, one of the post-appointment requirements and, the focus of this blog article.

Minn. Stat. § 524.5-316(a): A Guardian Shall Report To The Court

After a hearing occurs on the petition for appointment of a guardian, the court will issue an order stating: 1) its findings of a respondent a/k/a person subject to guardianship’s incapacity, 2) reasons why an appropriate, less restrictive alternative to guardianship does not exist, 3) the rights and powers the respondent is incapable of exercising, and 4) who is ordered appointed as guardian, including the guardianship powers granted.  Under this subsection of the statute, the guardian shall report to the court in writing on the condition of the person subject to guardianship at least annually and whenever ordered by the court. Fortunately, Minnesota provides the necessary forms for guardianship annual reporting and instructions/tips for completion. These include a Personal Well-Being Report a/k/a the “annual report”, an Annual Notice of Rights to Petition for Termination or Modification of Guardianship or Other Relief, a Bill of Rights, and an Affidavit of Service. These documents and their instructions can be found on the Minnesota Judicial Branch’s website.

The instructions provide a comprehensive checklist of the required information for annual reporting. There are a few items of importance we will highlight here.

1. Reporting Period

The annual reports comprise one-year periods that start on the date of appointment as guardian, or the date found in the Letters of Guardianship. The anniversary of the appointment date is also the due date for submission of the annual report of the prior year.

2. Submission Deadline

A guardian may work on the report up to 30 days before the due date, and the documents must be submitted within 30 days of the due date.

3. Filing

Only the Personal Well-Being Report and Affidavit of Service need to be filed/submitted with the Court.

4. Service

Meanwhile all the documents, including the Personal Well-Being Report, Annual Notice of Rights to Petition for Termination or Modification of Guardianship or Other Relief, and Bill of Rights, but excluding the Affidavit of Service, must be served (i.e., mailed to) on interested persons. The interested persons are listed in the petition filed at the beginning of the guardianship case. They may also include those individuals listed in Minn. Stat. § 524.5-102, Subd. 7. Some interested persons may have filed a Waiver of Notices and Reports with the court. If this is the case, the interested person does not need to be served with these documents.

MyMNGuardian

Beginning April 15, 2024, all guardians, or their attorneys, if they have continued to retain counsel, must file/submit the annual Personal Well-Being Reports and Affidavits of Service through the MyMNGuardian (MMG) online application instead of filing the documents with the court through eFiling or physically at the courthouse. The court offers an educational video for users to learn more about how to register and use the website. The website even sends reminders of the deadline for filing by issuing notifications via email and/or text.

If a guardian believes there are good reasons not to file using the website, they can submit a Request to Waive Use of MyMNGuardian (MMG) Application. This is only allowed for non-attorneys. Once submitted, the judicial officer has to determine if good cause exists to authorize conventional filing.

Minn. Stat. § 524.5-316(g)/(h): Failure To Report

What happens if the guardian forgets to file and serve an annual report? If the Personal Well-Being Report and an Affidavit of Service is not filed within 60 days of the required date, the court may issue an order to show cause. The court may also decline to appoint or remove that person as guardian. If an order to show cause hearing is held, the guardian has to explain why the annual report has not been filed.

Conclusion

As a guardian caring for someone who relies on your help, it is imperative to be diligent and timely with annual reporting. Understanding the requirements of a guardianship and completing requirements set by the court may require the assistance of an attorney. If you need assistance as a current or potential guardian or want to establish a guardianship over someone, please reach out to the guardianship team at SW&L Attorneys by calling 701-297-2890 or emailing us at info@swlattorneys.com.

The information contained in this article and on this website is for informational purposes only. Do not rely on the information on this website as legal advice. Please refer to the full disclaimer here.