**STATE OF MINNESOTA

PROBATE COURT – [COUNTY] JUDICIAL DISTRICT
Court File No.: _______**

PETITION FOR APPOINTMENT OF GUARDIAN

(“Guardianship Petition”)

In the Matter of the Guardianship of
[RESPONDENT FULL LEGAL NAME],
an [“Incapacitated Person” / “Minor”] (the “Respondent” or “Proposed Ward”).

Date: ___

[PETITIONER NAME], in the capacity set forth below, respectfully petitions this Court for the appointment of a guardian pursuant to Minn. Stat. § 524.5-301 et seq. and states as follows:

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Factual Allegations & Relief Requested)
IV. Representations & Warranties of Petitioner
V. Covenants & Restrictions Applicable to Guardian
VI. Default & Remedies (Removal / Modification)
VII. Risk Allocation (Bond & Fiduciary Indemnification)
VIII. Dispute Resolution & Jurisdictional Matters
IX. General Provisions
X. Execution Block

[// GUIDANCE: All bracketed items are mandatory customization points. Delete guidance comments before filing.]

I. DOCUMENT HEADER

1. Parties.
   a. Petitioner: [PETITIONER FULL LEGAL NAME], [relationship to Respondent], residing at [ADDRESS].
   b. Respondent: [RESPONDENT FULL LEGAL NAME], date of birth [DOB], currently residing at [ADDRESS / FACILITY].
   c. Proposed Guardian: [PROPOSED GUARDIAN FULL LEGAL NAME], residing at [ADDRESS]; relationship: [RELATIONSHIP]; willing and qualified to serve.

2. Jurisdiction & Venue.
   This Court has subject-matter jurisdiction under Minn. Stat. § 524.5-302 and venue is proper in [COUNTY] because the Respondent [resides / is present] here.

3. Nature of Petition.
   Petitioner seeks:
   • Appointment of a [Limited / Full] Guardian;
   • Issuance of Letters of Guardianship; and
   • Such other relief as the Court deems just.

II. DEFINITIONS

For ease of reference, capitalized terms have the meanings set forth below:

1. “Act” – Minnesota Uniform Guardianship and Protective Proceedings Act, Minn. Stat. § 524.5-101 et seq.
2. “Annual Report” – The report required to be filed by a guardian pursuant to Minn. Stat. § 524.5-316.
3. “Bond” – A fiduciary bond, if ordered, meeting the specifications of Minn. Stat. § 524.5-110.
4. “Guardian” – The person appointed by the Court to exercise powers over the person of the Respondent.
5. “Letters” – The official document evidencing a Guardian’s authority issued by the Court.
6. “Ward” – The Respondent upon appointment of a Guardian.

III. OPERATIVE PROVISIONS

A. Identification & Status of Respondent
1. Name: [RESPONDENT NAME].
2. Age: [AGE].
3. Citizenship: [COUNTRY].
4. Residence history for the past six (6) months: [DETAIL].
5. Current medical diagnosis supporting incapacity: [DESCRIPTION; attach physician statement].

B. Allegations Establishing Need
1. Respondent is unable to [list functional deficits; e.g., provide for personal safety, health care, shelter].
2. Less-restrictive alternatives (e.g., power of attorney, health-care directive) have been [attempted / are unsuitable] because [REASONS].
3. Appointment of a [Limited / Full] Guardian is the least restrictive means available.

C. Specific Powers Requested (Minn. Stat. § 524.5-313)
1. Medical decision-making.
2. Residential placement approval.
3. Consent to educational/vocational services.
4. Authority to apply for government benefits.
5. [ADD limited powers, if applicable].

D. Proposed Guardian Qualifications
1. Age ≥ 18 and not disqualified under the Act.
2. No criminal convictions relevant to fiduciary suitability.
3. Capable of preparing and filing Annual Reports.
4. Willing to post Bond if so ordered.

E. Bond Requirement
Petitioner requests that Bond be [waived / set in the amount of $_____] pursuant to Minn. Stat. § 524.5-110, secured by a corporate surety licensed in Minnesota.

F. Notices & Service
Petitioner will serve all statutorily required notices (Minn. Stat. § 524.5-308) upon:
• Respondent;
• Next of kin (list);
• Interested persons (list);
• The Minnesota Commissioner of Human Services, if required.

G. Relief Requested
1. Schedule hearing on this Petition.
2. Appoint [PROPOSED GUARDIAN] as Guardian.
3. Issue Letters of Guardianship.
4. Approve or waive Bond as requested.
5. Grant all other just and equitable relief.

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy. Petitioner represents all facts herein are true, correct, and complete to the best of Petitioner’s knowledge, information, and belief.
2. Good Faith. Petition is brought in good faith and in the Respondent’s best interest.
3. Eligibility. Petitioner is unaware of any conflict disqualifying the Proposed Guardian.
4. Compliance. Petitioner will comply with all future Court orders and statutory duties.

[// GUIDANCE: Consider attaching physician’s statement and background check to strengthen evidentiary support.]

V. COVENANTS & RESTRICTIONS (Prospective Guardian)

Upon appointment, the Guardian shall:

1. Exercise powers consistent with the least-restrictive alternative and in accordance with Minn. Stat. § 524.5-313.
2. File an Annual Report each year within 30 days after the anniversary of appointment (Minn. Stat. § 524.5-316).
3. Notify the Court of any change in Ward’s residence within 30 days.
4. Maintain accurate records, subject to Court review.
5. Refrain from delegating fiduciary responsibilities without Court approval.
6. Seek prior Court approval for any action outside granted powers.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to file timely Annual Report.
   b. Breach of fiduciary duty (e.g., neglect, abuse, misrepresentation).
   c. Incapacity, resignation, or death of Guardian.

2. Remedies
   a. Suspension or removal of Guardian (Minn. Stat. § 524.5-307).
   b. Appointment of a successor or temporary emergency guardian.
   c. Surcharge against Bond for damages.
   d. Award of reasonable attorney’s fees and costs to prevailing party.

3. Notice & Cure
   Except in emergencies, the Court shall provide written notice and a reasonable opportunity to cure before removal.

VII. RISK ALLOCATION

1. Bond. As set forth in Section III-E, Guardian shall post and maintain Bond unless expressly waived.
2. Indemnification. Guardian shall indemnify and hold harmless the Ward for losses arising from breach of fiduciary duty, gross negligence, or willful misconduct, recoverable first against Bond.
3. Insurance. Guardian shall maintain general liability insurance in a minimum face amount of $__ naming Ward as additional insured, unless waived by Court.
4. Force Majeure. Guardian shall not be liable for failures caused by events beyond reasonable control (e.g., natural disasters) provided diligent efforts and prompt notice to the Court.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Petition and any proceedings arising herefrom are governed exclusively by Minnesota law, including the Act.
2. Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY] Probate Court.
3. Arbitration. Not applicable – guardianship matters are non-arbitrable.
4. Jury Trial. Waived by statute for probate guardianship proceedings.
5. Injunctive Relief. The Court may issue protective orders as necessary to safeguard the Ward.

IX. GENERAL PROVISIONS

1. Amendments. Any amendment to Orders or Letters must be approved by the Court.
2. Severability. If any provision is held unenforceable, the remainder shall remain in full force.
3. Successors. All Court-appointed successors shall assume the Guardian’s duties subject to existing Orders.
4. Electronic Filing & Signatures. Permitted in accordance with Minn. R. Civ. P. 5.04 and Minnesota e-court protocols.
5. Integration. This Petition, together with supporting documents, constitutes the entire request for relief.

X. EXECUTION BLOCK

Respectfully submitted,

[PETITIONER NAME]
Petitioner
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

VERIFICATION

I, [PETITIONER NAME], being duly sworn, state under penalty of perjury that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]
Date: _____

Subscribed and sworn to before me on ___, 20_.

NOTARY PUBLIC
My Commission Expires: ___

ATTORNEY SIGNATURE (if applicable)

[ATTORNEY NAME], Esq. (#__)
[LAW FIRM NAME]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]

Attorney for Petitioner

OPTIONAL SCHEDULES & EXHIBITS

• Exhibit A – Physician / Psychologist Statement
• Exhibit B – Criminal Background Check of Proposed Guardian
• Exhibit C – Proposed Guardian’s Consent & Oath
• Exhibit D – Proposed Care Plan

[// GUIDANCE: Attach exhibits in numbered order; reference each exhibit where relevant in Section III.]

End of Document