Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

(a) An individual or a person interested in the individual's welfare may petition for a
determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited
guardian for the individual.
(b) The petition must set forth the petitioner's name, residence, current address if different,
relationship to the respondent, and interest in the appointment and, to the extent known, state or
contain the following with respect to the respondent and the relief requested:
(1) the respondent's name, age, principal residence, current street address, and, if different,
the address of the dwelling in which it is proposed that the respondent will reside if the
appointment is made;
(2) the name and address of the respondent's:
(i) spouse, or if the respondent has none, an adult with whom the respondent has resided
for more than six months before the filing of the petition; and
(ii) adult children or, if the respondent has none, the respondent's parents and adult brothers
and sisters, or if the respondent has none, at least one of the adults nearest in kinship to the
respondent who can be found;
(3) the name of the administrative head and address of the institution where the respondent is
a patient, resident, or client of any hospital, nursing home, home care agency, or other institution;
(4) the name and address of any legal representative for the respondent;
(5) the name and address of any person nominated as guardian by the respondent;
(6) the name and address of any proposed guardian and the reason why the proposed
guardian should be selected;
(7) the name and address of any health care agent or proxy appointed pursuant to a health
care directive as defined in section 145C.01, a living will under chapter 145B, or other similar
document executed in another state and enforceable under the laws of this state;
(8) the reason why guardianship is necessary, including a brief description of the nature and
extent of the respondent's alleged incapacity;
(9) if an unlimited guardianship is requested, the reason why limited guardianship is
inappropriate and, if a limited guardianship is requested, the powers to be granted to the limited
guardian; and
(10) a general statement of the respondent's property with an estimate of its value, including
any insurance or pension, and the source and amount of any other anticipated income or receipts.
History: 2003 c 12 art 1 s 29

Official Publication of the State of Minnesota
Revisor of Statutes