In Minnesota, a guardian ad litem is appointed specifically to represent a child’s best interests in a particular legal matter, such as adoption, custody, child support, or divorce. Unlike a legal guardian who provides long-term care and advocacy, a guardian ad litem acts solely within the context of the specific legal case. This role is distinct from a general guardian’s responsibilities, focusing solely on legal advocacy during a temporary, high-stakes situation.

The Guardianship & Conservatorship Process

Establishing a guardianship or conservatorship involves several legal steps. Here’s what you can expect:

1. Filing the Petition: To begin, you must file a petition with the probate court in the county where the potential ward or protected person resides. This petition provides the court with an overview of the person’s needs and reasons for seeking guardianship or conservatorship.
2. Notifying Relevant Parties: After filing, the petitioner must serve notice of the legal action to the proposed ward/protected person, as well as their current caregivers and close family members. This ensures that all interested parties are aware of the proposed guardianship or conservatorship.
   • Court Hearing: At the hearing, the petitioner presents evidence to the court to demonstrate why a guardian or conservator is needed. Medical evaluations, financial documentation, and witness testimonies may support the case. The court will assess this evidence to determine if the proposed ward is indeed unable to make sound personal or financial decisions.
   • Appointment and Legal Responsibilities: If the court grants guardianship or conservatorship, the appointed individual gains the authority to make decisions on behalf of the ward or protected person. They must adhere to strict ethical and legal standards, acting solely in the best interests of their charge.