Guardianship Background Study in Minnesota

If you want to be a guardian or conservator in Minnesota, you must submit to a background check.  Minnesota Statute 524.5-118 sets for the statutory requirements for the background check.  In general, the background check consists of completing a form with information about yourself and submitting it, along with a check for $50 (and, if you have lived outside of the State of Minnesota within the past 10 years, a fingerprint card and a check for $130) to the Department of Human Services.

Some common questions:

  • How long does the background study take to complete?  It seems to be taking 4 – 6 weeks, sometimes longer if the applicant has lived out of state.
  • When should I submit my background check application?  As soon as you have filed the case and have a court file number!  Since the background checks are taking so long to complete, it is important that you submit your background check application to DHS right away, so that it is completed before the general guardianship hearing.
  • What should I do if the background check results are not back from DHS before the guardianship hearing?  Some courts are allowing the proposed guardian to testify as to his/her lack of criminal convictions, lack of maltreatment reports, etc. and then the Court will appoint them pending the results of the actual background study coming back ok.  Some courts are taking testimony on the general guardianship petition and then just not issuing an Order/Letters until the DHS results are in.  It really depends on the particular judge and the particulars of the guardianship and/or conservatorship.

If you have questions about guardianship and conservatorship background studies, please call experienced guardianship attorney Cindi Spence at Spence Legal Services.


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