When working on an estate plan, one major reason people decide to move forward with planning is to ensure their minor child is cared for in the event of their death or incapacity.

A guardian is needed to care for the minor’s personal needs. In Minnesota, a parent can appoint a guardian for their children through their will and by a separate document signed in the same manner as a health care directive, with the signature verified by a notary public or two witnesses.

The person who is appointed as a guardian by a parent’s will or other properly executed document must submit the will or document appointing them as guardian to the court for confirmation. The person appointed by the parent has priority for confirmation by the court. At the time of confirmation, a court may consider other appointees if found to be in the best interest of the minor, and it will consider the objections of a minor who is 14 years of age or older and those of a person who has custody of the minor.

After the guardianship is confirmed, the guardianship will stay in place until the child is 18 years old or the guardianship is otherwise terminated by a court. Even if the child and guardian move to another jurisdiction, the guardianship will stay in place.

Once appointed, the guardian essentially has the same powers and duties over the child that a parent would have, except the guardian is not responsible for providing for the child’s needs from their own financial resources.

The duties of the guardian include:

In some cases, a court may limit the guardian’s powers with the purpose of helping the minor develop self-reliance.

Balzarini is an attorney at law with Hellmuth & Johnson PLLC. Contact him at [email protected].