Minnesota Guardianship Fee Waiver (Form FEE401)

The $310+ filing fee for a guardianship petition is a real barrier for families whose adult child receives SSI or has minimal income. Minnesota's In Forma Pauperis rules let you request a complete waiver of court costs — but the application has specific requirements that trip up many filers.

What Form FEE401 Covers

The Affidavit to Request Fee Waiver (Guardianship/Conservatorship) — Form FEE401 — can waive:

• The entire filing fee ($310 state base + county law library surcharge)
• Certified copy fees ($14 per copy of Letters of Guardianship)
• Background check fees ($50 DHS maltreatment check + $32 BCA criminal history check)

When granted, the waiver eliminates every court-imposed cost associated with the initial filing. This is significant — without the waiver, total upfront costs can reach $450+ before any attorney fees.

The Critical Detail: Whose Finances Matter

The court evaluates the fee waiver based on the proposed ward's financial situation — not the parents'. This catches many families off guard in the opposite direction: they assume that because their own household income is too high, they will not qualify.

The relevant question is whether the adult child who would be subject to the guardianship has the ability to pay court costs. For a young adult whose sole income is SSI and who has limited assets, include those facts in the affidavit; the court decides whether the proposed ward can pay.

If the proposed ward receives any of the following, list it on FEE401 as part of the financial information the court reviews:

• Supplemental Security Income (SSI)
• Medical Assistance (MA)
• Minnesota Supplemental Aid (MSA)
• General Assistance
• Minnesota Family Investment Program (MFIP)

How to Complete the Form

FEE401 is an affidavit — a sworn statement. The person completing it attests under penalty of perjury that the information provided is accurate. The form asks for:

• The proposed ward's sources of income (list all — SSI, SSDI, any employment earnings, interest)
• Monthly amounts for each income source
• Assets (bank accounts, savings, vehicles, property)
• Monthly expenses (rent, utilities, medical costs, transportation)
• Whether the proposed ward currently receives public assistance and which programs

Be thorough and specific. List the amount of each income source and the expenses and assets that show the proposed ward's ability to pay. The court evaluates the complete financial picture, not just the name of a benefit program.

Filing the Fee Waiver

File FEE401 at the same time as the guardianship petition (GAC505) and the rest of the petition packet. The court will decide the request; if it is denied, follow the court's instructions about payment or any additional documentation.

Some counties process fee waiver requests the same day. Others take a few business days. Filing the waiver does not delay the petition itself if the waiver is approved promptly.

If the Waiver Is Denied

A denial is not the end. Ask the court administration what additional documentation or review is available, and follow its instructions. Approval is not automatic; the court evaluates the proposed ward's income and assets.

Fee Waivers and the Parent Exception Stack

For parents who raised their adult child in the family home, two cost-saving provisions stack:

1. The parent exception under Minn. Stat. § 524.5-118 waives both background checks entirely when the proposed guardian is a parent who has raised a proposed ward with a developmental disability in the family home until the time the petition is filed — no forms to file, no fees to pay, no processing delays
2. The FEE401 fee waiver eliminates the filing fee and certified copy costs

Together, these provisions can reduce the total court-imposed cost of a guardianship petition to zero. The only remaining expenses would be attorney fees if you choose to hire one (optional for uncontested cases) and the time cost of preparing the paperwork.

The Minnesota Guardianship & Alternatives Guide includes fee waiver guidance alongside the complete filing process, plus a comparison of guardianship costs against the free voluntary alternatives that may eliminate the need for court involvement entirely.

See more Minnesota guides →