As your child approaches adulthood, it's important to consider their future needs, especially if they have disabilities or other conditions that may impair their ability to make decisions independently. In the state of Minnesota, establishing guardianship can provide the necessary support and protection for your soon-to-be adult child. This article will walk you through the standard for establishing guardianship in Minnesota, explain why guardianship might be necessary, and outline the steps to establish guardianship.

In Minnesota, guardianship is a legal process designed to protect individuals who are unable to make decisions for themselves due to mental, physical, or developmental disabilities. The court appoints a guardian to make decisions on behalf of the incapacitated person, known as the person subject to guardianship. To establish guardianship, it must be demonstrated that:

1. The person is incapacitated to the extent that they cannot make or communicate responsible personal decisions.

2. The person’s identified needs cannot be met by less restrictive means, such as power of attorney or a health care directive.​

There are many reasons a parent might choose to pursue guardianship for their adult child. Here are just a few we commonly see.

Young adults with disabilities or impairments can be vulnerable to exploitation or abuse. Establishing guardianship ensures that a responsible adult is legally authorized to protect them from individuals who might take advantage of their vulnerabilities.

Many young adults with disabilities require ongoing medical care and assistance with managing their health. A guardian can make medical decisions, schedule appointments, and ensure that the individual receives the appropriate care and treatment.

Guardianship allows parents to remain involved in their child’s educational experience. This can include contacting the school, participating in Individualized Education Program (IEP) meetings, and advocating for necessary accommodations to support their child’s learning and development.

Managing finances can be challenging for individuals with disabilities. A guardian can help oversee financial matters, ensuring bills are paid on time, budgeting is maintained, and financial exploitation is prevented.

Establishing guardianship takes several steps. Here are the things that go into getting a guardianship established for an adult child.

The first step in establishing guardianship is to file a petition with the probate court in the county where the child resides. The petition must include detailed information about the child’s condition and the reasons why guardianship is necessary.

To support the petition, you must provide evidence that the person’s needs cannot be met through less restrictive alternatives. This includes:

- Medical Records: Detailed medical records outlining the child’s condition and needs.
- Physician’s Statement: A statement from a licensed physician confirming the incapacity and the necessity for guardianship.
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All interested parties, including the other parent and adult siblings, must be given notice of the guardianship petition. This allows them to attend the court hearing and voice any concerns or support for the petition.
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The court will schedule a hearing to review the petition and the supporting evidence. During the hearing, the judge will assess whether guardianship is necessary and in the best interest of the child. If the judge is satisfied, they will issue an order appointing a guardian.

Once guardianship is established, there is an annual requirement to check in with the court. This involves submitting a report detailing the ward’s well-being and any changes in their condition or needs.

In Minnesota, guardianship for a young adult is valid until the individual turns 26. At that point, the guardianship must be reevaluated, and a new petition may be necessary if continued guardianship is required.
 

Establishing guardianship for your soon-to-be adult child ensures they receive the support and protection they need to thrive. It can be a complex process, but the peace of mind it provides is invaluable. If you have questions or need assistance with establishing guardianship, we’re here to help. Book an appointment with our experienced team at Legacy Estate Planning, and let us guide you through every step of the process.

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Feel free to reach out to us today to ensure your child’s future is secure and well-supported. We're committed to helping you navigate this important legal process with compassion and expertise.

**This article is a service of Legacy Estate Planning and does not form a lawyer client relationship with the reader nor does this article offer any reader legal advice specific to their situation. Should you request or require legal advise, please reach out. We would love to serve you. 
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