Hennepin County Guardianship Filing

Guardianship petitions in Minnesota must be filed in the county where the proposed ward resides. The process is governed by the same state statutes everywhere, but filing fees, self-help resources, and local procedural details vary county by county. Here is what families need to know about the three largest metro-area counties.

Hennepin County (Minneapolis)

Hennepin County guardianship petitions are filed with the Probate and Mental Health Court division of the Fourth Judicial District. The total filing fee is $322 — the $310 state base fee under Minn. Stat. § 357.021 plus a $12 law library surcharge.

The Hennepin County Self-Help Center provides information and resources about guardianship forms. Probate court scheduling can be reached at (612) 348-6000.

Hennepin County is one of the busiest probate courts in the state. Filing early matters — hearings are typically scheduled several weeks after the petition is filed, and pre-hearing requirements (court visitor interviews, background checks, attorney appointment for the respondent) all need time to complete. For families planning around an 18th birthday, file the petition at least six to eight weeks before the birthday to avoid a gap in decision-making authority.

Ramsey County (St. Paul)

Ramsey County guardianship filings go through the Second Judicial District's probate division. Filing fees are comparable — the $310 base fee plus the county's law library assessment. Call the Ramsey County court administration for the exact total, as law library fees are set locally and can change.

Ramsey County also operates a Self-Help Center that can assist with guardianship paperwork. Local hearing availability varies, so contact court administration about scheduling. The same six-to-eight-week filing window applies given the mandatory pre-hearing investigations.

Dakota County (Eagan, Apple Valley, Burnsville)

Dakota County guardianship cases are handled by the First Judicial District. The filing process follows the same state procedures — GAC505 petition, GAC115 physician statement, background checks (GAC121 for BCA, DHS-8450 for maltreatment) — with the county's own law library fee added to the $310 base.

Dakota County is a suburban county. Hearing availability varies, so contact court administration for a date. Background check processing times are set at the state level (DHS and BCA), so filing timelines also depend on those state processes.

What Is the Same Across All Counties

Regardless of which county you file in, the substantive requirements are identical:

Evidentiary standard. The petitioner must prove by clear and convincing evidence that the proposed ward is incapacitated and that less restrictive alternatives (supported decision-making, health care directives, powers of attorney) have been tried and are insufficient. Minn. Stat. § 524.5-310 applies statewide.

Court visitor. Every county appoints a neutral court visitor who must personally meet with the respondent, explain the proceedings, assess the respondent's views on the proposed guardian, and file a written recommendation with the court. This is mandatory — it cannot be skipped regardless of whether the family and the proposed ward are in agreement.

Court-appointed counsel. The respondent has an absolute right to an attorney. If they cannot afford one, the county pays for court-appointed counsel. This attorney represents the respondent's expressed wishes, even if those wishes conflict with the parents' goals.

Background checks. The $50 DHS maltreatment check and $32 BCA criminal history check apply everywhere, with the same parent exception under Minn. Stat. § 524.5-118 for a parent who has raised a proposed ward with a developmental disability in the family home until the time the petition is filed.

Fee waivers. Form FEE401 works in every county. If the proposed ward receives SSI, Medical Assistance, or has limited income and assets, the court can waive filing fees, background check fees, and certified copy fees.

72-month limit. Under § 524.5-310(d), any guardianship established for an adult under 30 is capped at 72 months and must be re-petitioned. This applies in every Minnesota district court.

Electronic reporting. After appointment, all guardians statewide must file annual reports through MyMNGuardian (MMG). The system is the same regardless of which county granted the guardianship.

Before You File in Any County

Minnesota law requires the court to consider less restrictive alternatives before granting a guardianship. Documenting what you have tried — and why it did not adequately address your adult child's needs — strengthens your petition and prevents delays at the hearing.

The Minnesota Guardianship & Alternatives Guide walks through the full filing process alongside the voluntary alternatives, with worksheets for documenting which tools you have tried and where gaps remain. Whether you are filing in Hennepin, Ramsey, Dakota, or any other Minnesota county, the statutory framework is the same.

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