MN risk area
Guardianship risk in Minnesota
How courts appoint guardians for minors when no plan is in place.
Minnesota courts can appoint guardians for minors when statutory conditions are met, with priority for parental nominees and a minor’s nominee at age 14 or older.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- Parents may nominate a guardian by will or other signed writing.
- The court may appoint a guardian if both parents are deceased or parental rights have been terminated.
- A parental nominee generally has priority if the appointment has not been prevented or terminated.
- A minor age 14 or older may nominate a guardian unless contrary to the minor’s best interest.
Questions to consider
Questions this risk area helps you evaluate in Minnesota
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Minnesota courts can appoint guardians for minors when statutory conditions are met, with priority for parental nominees and a minor’s nominee at age 14 or older.
- Parents may nominate a guardian by will or other signed writing.
- The court may appoint a guardian if both parents are deceased or parental rights have been terminated.
- A parental nominee generally has priority if the appointment has not been prevented or terminated.
- A minor age 14 or older may nominate a guardian unless contrary to the minor’s best interest.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Sources
- https://www.revisor.mn.gov/statutes/cite/524.5-202
- https://www.revisor.mn.gov/statutes/cite/524.5-204
- https://www.revisor.mn.gov/statutes/cite/524.5-206
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Minnesota.