Minnesota Guardianship Bill of Rights — What Rights Are Retained

Guardianship in Minnesota does not erase a person's civil identity. Under Minn. Stat. § 524.5-120, individuals subject to guardianship retain every right not explicitly removed by the court's specific written order. The statute lays out a comprehensive Bill of Rights — and guardians are required to serve a copy on the person under guardianship every year.

What the Bill of Rights Protects

The statute covers seven core areas. A person under guardianship retains:

Dignity and respect. The right to be treated with dignity, with full consideration of their current and previously stated personal desires, cultural practices, and religious beliefs. This is not aspirational language — it is a statutory mandate that governs how the guardian must make decisions.

Personal freedom. The right to exercise control over all aspects of their life unless the court has specifically delegated that authority to the guardian in a written order. The guardian does not receive blanket authority. If the court order grants power over medical decisions but says nothing about social relationships, the person retains full control over their social life.

Communication and association. The right to communicate, visit, and interact with others — including receiving visitors, making phone calls, and using social media — without arbitrary restrictions from the guardian. If a guardian believes a specific person poses a danger and wants to restrict contact, they must first attempt less restrictive alternatives (like supervised visits), then provide written notice to the court, the person under guardianship, their attorney, and the restricted individual within 48 hours. The notice must explain the reason, describe less restrictive attempts, and explain how to petition for removal of the restriction.

Healthcare participation. The right to participate actively in medical decision-making and receive treatment that aligns with their known conscientious, moral, or religious beliefs. The guardian makes the final call on medical decisions within their court-granted authority, but they cannot ignore the person's expressed preferences.

Abode autonomy. The right to petition the court to prevent or initiate a change in residential placement. The guardian cannot unilaterally move the person to a group home or facility without the person having the opportunity to object through the court.

Property control. The right to be consulted regarding the sale or disposition of personal clothing, furniture, vehicles, and personal effects, and to object to any proposed sale.

Civil rights. The right to marry, procreate, vote, and make decisions regarding their personal image and name, unless the court order specifically restricts one of these rights. Guardianship does not automatically strip voting rights — that requires a separate, specific court finding.

Legal representation. The absolute right to be represented by an attorney and to petition the court at any time for modification or termination of the guardianship.

How These Rights Are Enforced

The primary enforcement mechanism is mandatory annual notice. Every year, alongside the guardian's Personal Well-Being Report filed through MyMNGuardian, the guardian must serve the person under guardianship with:

• A copy of the Bill of Rights (Form GAC100)
• The Annual Notice of Right to Petition for Termination or Modification (Form GAC203)

These must also be served on all interested persons of record, and an Affidavit of Service must be filed with the court. The person under guardianship is reminded every year that they have the right to challenge the arrangement.

If the guardian violates a retained right — restricting communication without following the statutory notice procedure, moving the person without court authorization, or making decisions outside their granted authority — the person, their attorney, or any interested party can petition the court for relief.

What This Means for Families Considering Guardianship

The Bill of Rights reinforces a fundamental point about Minnesota guardianship: it is a tailored intervention, not a total transfer of control. The court issues specific powers based on specific findings of incapacity, and the person retains everything else.

For families weighing whether to pursue guardianship, the retained-rights framework is actually a signal about what the law expects. If your adult child can make social decisions, choose their own friendships, express preferences about where they live, and participate in medical discussions — even with significant support — the court may grant a very narrow order, or it may conclude that less restrictive tools like a Health Care Directive, Power of Attorney, and Supported Decision-Making Agreement cover the need entirely.

The Minnesota Adult Guardianship & Alternatives Guide includes a domain-by-domain assessment that helps you map your child's actual needs against the rights the court would preserve, so you can see how much of the problem is already solved without court intervention.

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