Supported Decision-Making & Guardianship
Ramsey County is committed to enhancing the well-being of all residents in our community. Each of us need the support of others to successfully navigate our lives. For some, their abilities to meet their needs can be challenging without enhanced support from others. Making choices for ourselves is a critical aspect of feeling confident, respected and capable of having a self-driven life.
Guardianship or Conservatorship is a legal arrangement that can be used when supported decision making or less restrictive options have been ineffective in meeting the person’s need for health, safety and well-being. Guardianship is considered the last resort and can be necessary to protect, enhance and advocate for a person with cognitive, physical or mental health barriers.
Frequently Asked Questions
What is Supported Decision-Making?
Supported Decision-Making (SDM) is an understanding that everyone needs occasional help to make decisions, and because someone needs help deciding, that does not mean their decisions are invalid. Support can come from one person or many people and in formal agreements or shared understandings. Supporters help by providing information in understandable ways, breaking down decisions that need to be made, listing pros and cons or attending appointments with the person. People of all ages and abilities can use SDM.
What is a less restrictive alternative?
Less restrictive alternatives are resources, services or agreements that can support a person in making decisions. These options include health care directives, power of attorney, waiver case management, authorized rep payees, Supported Decision-Making plans, authorized signer accounts, automatic bill pay and many others. Minnesota law requires that least restrictive alternatives must be attempted before guardianship can be awarded.
Do I need to have guardianship on a person with an intellectual disability when they turn 18?
Every situation is different. For most youth turning 18 years of age, Supported Decision-Making and shared decision making can be effective, less restrictive alternative to guardianship.
Parents are often faced with the challenge of accepting that parental roles change from guardianship of a child to being a parent of an adult child. Protecting youth from all potential risks is not possible but feels like an absolute must. Parents play a critical role in teaching youth how to make good decisions, advocate for themselves, talk about their needs and wants and take responsibilities for choices. Being involved and supportive is key to their success.
Educational and community programs are key partners in teaching life skills and preparing youth for their future.
Does Ramsey County pay for family members to obtain guardianship?
No, Ramsey County does not provide financial or legal services for family members or other persons to become a private guardian.
Who is eligible for Ramsey County professional guardianship/conservatorship services?
The person must meet ALL the below criteria:
- A resident of Ramsey County,
- 18 years of age or older,
- has limited income,
- receives medical assistance funded by Ramsey County
- demonstrated inability to meet their health and safety needs with less restrictive options or Supported Decision-Making,
- is at risk of harm without guardianship intervention, AND
- needs a professional guardian because no other person is willing or able to support the person.
What is the process for Ramsey County to provide professional guardianship and conservatorship services?
Interested persons must complete a “Ramsey County Professional Guardianship/Conservatorship Funding Application.” Applications can be requested through the “Contact Us” link. The application must be fully completed, including providing the required documentation. Detailed instructions are in the application document. The completed application can be emailed to [email protected] or faxed to 651-266-4490 Atten: Guardianship Supervisor.
Ramsey County has an established screening committee, per Minn. Stat.§524.304(g), to complete a comprehensive review of applications. The committee's responsibility is to examine each application to determine if establishment of a guardian or conservator is appropriate per Minnesota Statue.
If you have further questions, please contact us at [email protected] or leave a message at 651-266-4993.
Resources
Minnesota Guardianship Manual
Information on of the Guardianship and Conservatorship process and what the expectations are of the court and the Guardian or Conservator.
Guardianship / Conservatorship Court Forms
Forms necessary in petition for guardianship and conservatorship in Ramsey County.
Volunteer Lawyers Network (VLN)
Statewide legal services available for low-income people through a network of legal clinics and volunteer attorneys.
The Minnesota Elder Justice Center
The Minnesota Elder Justice Center provides support, information and resources to older and vulnerable adults and their loved ones around issues of abuse, neglect and financial exploitation.
Minnesota Lawyer Referral and Information Service (MNLRIS) Reduced Fee Program
MNLRIS provides legal assistance at reduced rates for low-income individuals facing a variety of legal issues. Attorneys participating in the program agree to provide full representation to clients for a $750 retainer and at an hourly rate of $90 per hour.
Legal Advice Clinics
A Self-Help Center is a place where you can find helpful information, services and resources about your legal problem if you are not represented by an attorney. The Self-Help Centers assist people who represent themselves in the Minnesota District Courts.
Law Help MN
Legal Services State Support (State Support) is a project of the Minnesota Legal Services Coalition, a group of seven legal aid programs that help low-income residents with a variety of legal matters. State Support manages this website, ProJusticeMN.org for advocates, and MNLegalAdvice.org, a statewide legal advice website.
The Minnesota Association for Guardianship & Conservatorship (MAGiC)
MAGiC ensures the appropriate level of quality substitute decision-making is applied consistently. Education and a forum are provided for those interested in guardianship and conservatorship and their less restrictive alternatives.
Volunteers of America
The Center for Excellence in Supported Decision Making (CESDM) supports individuals who are at risk of guardianship and/or conservatorship across Minnesota and their caregivers through consultation, referrals and information.
ARC Minnesota
The Arc Minnesota promotes and protects the human rights of people with intellectual and developmental disabilities (IDD), actively supporting them and their families in a lifetime of full inclusion and participation in their communities.
WINGS MN
Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS) are part of a national movement for improving systems for supporting persons with disabilities, including specifically guardianship and conservatorship practices.
National Resource Center for Supported Decision-Making
Provides resources, tools, state-level information and newsletter/webinars in support of individuals using Supported Decision-Making for a quality of life.
ACLU: Supported Decision-Making Resource Library
Provides general information about supported decision making, including a video library and tools on implementing Supported Decision-Making strategies.
Pacer Center: Students and Young Adults
Information to help youth to develop self-advocacy skills and gain a better understanding of how they can more effectively participate to increase their success in the classroom, at home and in the community.