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New Guardian Form

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GUARDIAN AND CONSERVATOR BACKGROUND STUDY CONSENT / INFORMATION FORM

REQUESTING COURT
PROPOSED PROTECTED PERSON / WARD
PROPOSED CONSERVATOR / GUARDIAN
GENDER

If you listed any states above, this form must be accompanied by classifiable fingerprints. See instructions on page 2.

I give consent to the Minnesota Department of Human Services to conduct a background study on me as provided in Minnesota Statutes, section 524.5-118, and to release the results of the study to the court.

The Court hereby certifies that this is an in forma pauperis proceeding (person only), and qualifies for exemption from fee payment pursuant to Minn. State. Sec. 524.5-118, subd. 1 (f) (1). CERTIFIED BY:

Page 1 October 2015

GUARDIAN AND CONSERVATOR BACKGROUND STUDY
CONSENT / INFORMATION FORM

BACKGROUND STUDY REQUIREMENT:

Minnesota Statutes, section 524.5-118, requires a background study on you for the purpose of assisting the court in determining whether your appointment or continued appointment as a guardian or conservator is in the best interests of the ward or protected person. The background study will include:

  • A review of criminal records held by the Minnesota Bureau of Criminal Apprehension (BCA) and the Minnesota Department of Human Services (DHS);
  • A review of records of substantiated maltreatment of vulnerable adults or minors held by DHS;
  • A search of the the databases listed in 524.5-118 subd. 2a (see item 4 below) to determine if you have ever held a professional license directly related to the responsibilities of a professional fiduciary in Minnesota, and any other state in which you have resided in the past ten years; and
  • A search of the Federal Bureau of Investigation's (FBI) national criminal records repository if you have resided (including wintering) in any state other than Minnesota in the previous ten years; or if the BCA information indicates you are a multistate offender, or your offender status is undetermined or blank.

NOTIFICATION OF RIGHTS: You have the following rights:

  • The right to be informed that the court will request a background study on you for the purpose of determining whether your appointment or continued appointment is in the best interests of the ward or protected person;
  • The right to be informed of the results of the study and obtain from the court a copy of the results; and
  • The right to challenge the accuracy and completeness of information provided to the court by DHS or BCA by filing a challenge with the appropriate agency under Minnesota Statutes, section 13.04, subdivision 4. Please note that some challenges may be precluded by Minnesota Statutes, section 256.045, subdivision 3.

FEES AND PAYMENTS

  • The fee for each study is $50 if you have not lived outside of Minnesota in the past ten years. Please note that if the BCA information indicates you are a multistate offender, or your offender status is undetermined or blank, a set of classifiable fingerprints and an additional $30 fee will be required to complete an FBI record search. If this search is required, you will be notified by DHS in writing and the additional payment will be requested at that time.
  • The fee for each study is $130 if you have resided outside of Minnesota for any period of time during the ten years preceding the background study, and this form must be accompanied by a set of classifiable fingerprints. The $30 fee for processing the fingerprints for the FBI check is included in this fee.
  • There is no fee for cases approved by the court to proceed in forma pauperis for guardians as provided in Minnesota Statutes, section 524.5-118. For conservators of the estate, the fee is paid by the estate.

INSTRUCTIONS

  1. All information on page 1 of this form is required, unless marked optional. Please type or print legibly.
  2. The proposed guardian or conservator must sign and date page 1 of this form.
  3. If the proposed guardian or conservator has resided outside of Minnesota in the last ten years (including wintering), this form must be accompanied by a set of classifiable fingerprints. Fingerprint cards can be obtained at the county court administrator's office or by calling the Background Studies Division: 651-431-6620.
  4. If the proposed guardian or conservator has ever held any of the following licenses, include them in the space provided on page 1: Lawyers Responsibility Board; State Board of Accountancy; Board of Social Work, Psychology, Nursing, Medical Practice, Dentistry, or Marriage and Family Therapy; Department of Education, Commerce, or Human Services; Peace Officer Standards and Training (POST) Board.
  5. Mail form with appropriate fee(s) or court verification that the case is proceeding in forma pauperis to:
Department of Human Services Attn: Guardian Background Studies PO Box 64172 St. Paul, MN 55164-0242
Page 2 October 2015
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What the New Guardian Form Is and when it applies

The New Guardian Form documents an appointment or change of a guardian for a minor or an adult who lacks capacity. It records the new guardian's identity, contact details, scope of authority (medical, educational, financial), effective date, and any limits imposed by the appointing party or court. The form is used by families, courts, attorneys, medical providers, schools, and social services to create a clear record of decision-making authority and to help institutions accept or act on the guardian's directions without delay.

Why a properly completed New Guardian Form matters

A correct form establishes legal authority, reduces service interruptions, and supports compliance with e-signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Use it to document intent, consent, and the effective scope of guardianship while noting statutory exceptions to electronic execution.

Why a properly completed New Guardian Form matters

Who typically completes the form and who receives it

The New Guardian Form is completed by parties responsible for creating or recording a guardianship change.

  • Parent or legal guardian requesting or documenting a replacement; submits form to court or service providers.
  • Probate or family law attorney preparing court filings and supporting affidavits for guardianship proceedings.
  • Institutional recipient (school, hospital, bank) that needs proof of authority before releasing records or making decisions.

Distribute the completed form to the court, the appointed guardian, care providers, and any institutions that require authority verification.

Who can sign and approve a New Guardian Form

Parent / Guardian

A surviving parent or current legal guardian may complete and sign the form to appoint a new guardian, provided state law permits the transfer and any required court procedure is followed. The signer's identity and authority should match court records or supporting documents.

Probate Attorney

An attorney representing the conservator, guardian, or petitioner may prepare and sign court-bound documents on behalf of a client; courts often require attorney signatures for filings and may require counsel to appear at hearings.

Step-by-step: completing the New Guardian Form

Follow these sequential steps to prepare a correct and accepted form.

  • 01
    Gather records: Collect IDs, prior custody or guardianship orders, and medical documentation.
  • 02
    Complete fields: Enter names, dates, scope, and contact details accurately.
  • 03
    Attach proof: Include court orders, death certificates, or medical declarations as required.
  • 04
    Submit and serve: File with the appropriate court and provide copies to institutions and interested parties.

Core sections every professional New Guardian Form should include

A complete form reduces ambiguity and shortens processing time. Ensure each section below is present and clearly completed.

Identification

Full legal names, dates of birth, and government ID numbers where appropriate for the guardian and the protected person to ensure accurate verification.

Scope of Authority

Detailed, itemized list of powers granted (medical decisions, school matters, financial transactions) plus any express limitations or exclusions.

Effective Terms

Start and end dates, conditions triggering activation, and procedures for temporary versus permanent guardianship.

Supporting Evidence

Space for attaching court orders, physician statements, death certificates, or previous orders that justify the appointment or change.

Signatures

Signature blocks for the appointing person, the new guardian, witnesses, and notary as required by jurisdictional rules.

Notice and Service

Fields for listing parties served, methods of service, and dates to document compliance with notice requirements.

Essential data elements to collect

Guardian Name: Full legal name
Protected Person: Name and DOB
Contact Details: Address, phone, email
Authority Type: Medical, financial, education
Effective Date: MM/DD/YYYY
Supporting Docs: List attachments

Routing overview: where the form goes after signature

Understand the common routing path so you can plan service and document distribution.

  • Court Filing: File with probate or family court as required.
  • Guardian Copy: Provide the appointed guardian with an executed copy.
  • Care Providers: Send to hospitals, schools, and physicians for acceptance.
  • Financial Institutions: Deliver to banks or payors to authorize transactions.

Digital signing and technical considerations

Use e-signature tools that preserve an audit trail, support required authentication, and produce tamper-evident signed PDFs.

  • Formats: PDF, DOCX supported
  • Authentication: Email, SMS, or stronger
  • Integrations: Connects to CRM and cloud storage

Verify that the chosen platform supports retention of signed records, provides an audit trail, and meets any industry compliance needs such as HIPAA when health information is present.

Typical timelines and scheduling expectations

Processing times and deadlines vary by county and case complexity; plan for filings and institutional processing.

When to File:

File upon appointment need or change in circumstances

Temporary Orders:

Temporary guardianship hearings often scheduled quickly, timeline varies

Hearing Scheduling:

Expect county docketing timelines of 2–8 weeks

Service of Notice:

Provide required notices to interested parties before hearings

Appeal Period:

Appeal and objection timelines set by state procedural rules

Key milestones in a guardianship change

Sequential stages from preparation to final order show where time and actions are concentrated.

01

Prepare Package

Assemble form, attachments, and declarations for filing.

02

File Petition

Submit to the appropriate probate or family court clerk.

03

Serve Parties

Provide notice to interested parties and agencies as required.

04

Court Decision

Attend hearing; obtain final order documenting guardian authority.

Common mistakes that cause delays

  • Incomplete names or mismatched IDs that prevent institutional verification and require re-submission or court confirmation.
  • Missing supporting documents such as death certificates or medical reports that the court or agency requires for proof of necessity.
  • Using vague scope language like 'all matters' without clarifying financial or medical limits, which invites disputes and refusals.
  • Failing to serve required parties or to record the order with relevant institutions, which can invalidate the guardian's practical authority.

Risks and potential consequences of errors

Delay in Care: Temporary inability to make medical decisions
Financial Exposure: Banks may refuse transactions without valid proof
Court Rejection: Filing rejected for noncompliance
Civil Liability: Wrongful acts by an unauthorized person
Criminal Risk: Fraud allegations for falsified documents
Contested Proceedings: Lengthy disputes and additional court costs

Practical examples of electronic document use in client situations

Real organizations use digital forms and e-signature to reduce turnaround and maintain compliance.

Optica Ventures LLC

A small firm needed fast remote signatures for client authorizations

  • The interface was simple and easy-to-use
  • The team noted the ease for clients and internal users, enabling quicker document exchange and fewer follow-ups.

Fertility Centers of Illinois

A clinical practice required secure signatures for patient forms

  • The provider praised responsiveness and API support
  • The organization highlighted improved workflows, secure handling of PHI, and reliable integration with existing systems.

Practical tips to reduce rework and speed acceptance

Apply these practices when preparing and submitting a New Guardian Form to avoid common processing delays.

Confirm names and IDs
Verify legal names and government ID numbers against supporting documents to prevent mismatches that lead to rejection or requests for verification.
Be specific on authority
List precise powers granted (e.g., authorize school enrollment, sign Medicaid forms) instead of broad phrasing to satisfy institutional reviewers.
Attach required proof
Include death certificates, prior orders, medical declarations, or other court papers up front to shorten review cycles and hearing preparation.
Retain signed originals
Keep originals and secure digital copies with an audit trail; ensure document retention aligns with federal and state rules for evidence and future disputes.

eSignature vendor comparison — pricing and feature snapshot

Basic vendor pricing and common capabilities are shown for budget and compliance planning; signNow appears first as the initial column.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about completing and submitting the New Guardian Form

Practical answers to common issues encountered when preparing, executing, or submitting a New Guardian Form.


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