Detailed Answer

Short answer: In Minnesota, authority to care for a person’s personal well‑being (a guardian of the person) is separate from authority to manage that person’s finances and property (a conservator of the estate). Appointment as guardian of the person does not automatically make you the conservator. The court must separately appoint a conservator or give specific estate-management powers in the order.

Why the roles are separate

Minnesota law distinguishes between personal decisions (where the guardian makes decisions about health care, living arrangements, services, and daily care) and financial decisions (where a conservator controls bank accounts, pays bills, and handles investments). These are different legal duties, different standards, and different court filings. See Minnesota court resources on guardianship and conservatorship for general overviews: Minnesota Judicial Branch: Guardianship and Conservatorship.

Statutory authority

Authority and procedures for appointing guardians and conservators are set out in Minnesota statutes and court rules. For statutory text and definitions, consult the Minnesota statutes available from the Office of the Revisor of Statutes: Minnesota Statutes, Chapter 524 (Guardianship/Conservatorship provisions).

What the court typically does

• If someone needs both personal-care decisions and financial management, the court can appoint one person to serve in both roles—but it must explicitly appoint that person as both guardian of the person and conservator of the estate.
• The court may also appoint two different people: one guardian (for personal decisions) and one conservator (for finances).
• A guardian appointed only for the person lacks authority to handle money, sign contracts for the ward’s assets, or sell property—those powers belong to the conservator unless the court order expressly grants them to the guardian.

Typical responsibilities that require conservator appointment

• Accessing and managing bank and investment accounts owned by the protected person.
• Paying bills and taxes, collecting income, and managing benefits.
• Buying or selling real property on behalf of the protected person.
• Filing inventories, accountings, and bond documents with the court as required by statute and local rules.

Practical steps if you need estate authority

1. Ask the court clerk or the judge whether the existing guardianship order includes estate powers. If the order is ambiguous, seek clarification from the court.
2. If estate authority was not granted, petition the court for appointment as conservator (or for the court to appoint someone else). The court will follow procedural requirements, including notice to interested persons and possibly a hearing.
3. Be prepared to submit a proposed inventory, bond, and periodic accountings if appointed. The court often requires an initial inventory and regular reports.
4. Consider less-restrictive alternatives if full conservatorship isn’t necessary (durable power of attorney, representative payee for Social Security, joint accounts, or limited court authorization for a specific transaction).

When one person can hold both roles

The courts frequently appoint a single person to be both guardian of the person and conservator of the estate when it is in the best interests of the protected person and no conflicts exist. Even when the same person holds both roles, the court’s order should expressly name both appointments and state the powers granted.

Consequences of acting without conservator authority

If you as guardian handle the protected person’s money without being appointed conservator or without explicit court authorization, you could be held personally liable for improper transfers or expenditures. The court may require accounting, restitution, or other remedies.

Alternatives to conservatorship

• Durable power of attorney: if executed before incapacity, it permits an agent to manage finances without court involvement.
• Representative payee or VA fiduciary: for Social Security or VA benefits, agencies can designate a payee to manage benefit payments.
• Limited court authorization: for one specific financial act (e.g., sale of a home), the court can approve a single transaction without full conservatorship.

How to get started

Contact the local probate or county court clerk for forms and filing procedures. Many Minnesota counties list guardianship and conservatorship forms and instructions online through the judicial branch or county court websites. For statutory language and procedural rules consult the Office of the Revisor of Statutes and the Minnesota Judicial Branch pages cited above.

Key resources

• Minnesota Judicial Branch: Guardianship and Conservatorship — https://www.mncourts.gov/Help-Topics/Guardianship-and-Conservatorship.aspx
• Office of the Revisor of Statutes — Minnesota Statutes (search chapter 524 for guardianship/conservatorship provisions): https://www.revisor.mn.gov/statutes/cite/524

Helpful Hints

• Do not assume financial authority just because you are providing care or have power of attorney for health decisions; check the court order.
• Read the guardian/conservator letters or court order carefully—powers and limits are written into the order.
• If you need to act quickly on a financial matter, ask the court for a limited emergency order rather than acting unilaterally.
• Keep meticulous records: receipts, bank statements, and a written log of decisions. Courts require inventories and accountings.
• Ask the county court clerk which forms, bonds, and timeframes apply in your county—local practice can affect procedures.
• Consider consulting an attorney who handles guardianship/conservatorship to prepare filings, especially for complicated estates or potential conflicts of interest.

Disclaimer: This article provides general information about Minnesota guardianship and conservatorship law for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Minnesota attorney or the local court.