By Christopher Burns and Jack Reinseth, Law Clerk

Minnesota enacted significant revisions to its guardianship statutes in 2024 and 2025. These changes directly impact guardians – who now face greater potential personal liability – as well as individuals subject to guardianships. The reforms also add procedural requirements for certain restrictions and place new limits on the use of emergency appointments. They were prompted by a Minnesota Court of Appeals decision, a legislative audit, and heightened public attention.

Overview of Key Changes

2024 Liability Amendments: The Legislature amended Minn. Stat. § 524.5-313(c)(2) and § 524.5-315 to remove broad immunity protections for guardians. Guardians may now be held personally liable for reckless or willful misconduct, or gross negligence, which causes harm to the person under their guardianship.

2025 Communication Restrictions: Amendments to Minn. Stat. §§ 524.5-120 and 524.5-313 limit a guardian’s ability to restrict an individual’s communication, visitation or interactions. Guardians must first consider less restrictive alternatives and, if imposing a restriction, provide written notice within 48 hours to the court, the person subject to guardianship, their attorney (if known) and the restricted person. The notice must state the reasons and explain how to seek modification of the restrictions. The affected person or others may then petition the court to remove or modify the restriction.

2025 Emergency Guardianship Procedures: Changes to Minn. Stat. § 524.5-311 generally require notice to the person subject to the guardianship and their attorney before appointing an emergency guardian, but allow limited exceptions where substantial harm is likely before a hearing and good-faith efforts to provide notice have been made. The stature now specifies that simply being in a hospital or a care facility is not, by itself, sufficient evidence of substantial risk.

Why These Reforms Happened

In Zika v. Elder Care of Minnesota Inc. (Minn. Ct. App. 2022), the court held that a guardian was immune from a negligence claim under the former statute after the protected person was assaulted in a care facility. The guardian failed to inform the family or arrange trauma treatment. While the individual died four months later from unrelated causes, the family believed the assault contributed to her decline. The decision exposed the breadth of immunity and led to the 2024 amendments.

In 2025, the Office of the Legislative Auditor (OLA) issued recommendations following an extensive review of Minnesota’s guardianship system. The OLA called for more frequent court oversight of guardians, stricter performance standards, clearer limitations on guardian authority, expanded reporting obligations, and enhanced training requirements. Public pressure intensified after a Star Tribune article recounted the experience of Sherry Linn, a woman subject to a guardianship, who was prevented from seeing her daughter – even on holidays – without a clear process for review or appeal. This story underscored the emotional impact of such restrictions and highlighted the need for stronger due process protections.

For emergency guardianships specifically, concerns have been raised about instances where appointments occurred without adequate notice or opportunity for the affected individual to respond. These concerns align with the OLA’s broader recommendations for increased oversight and stronger procedural protections. The new notice requirements, exceptions for genuine emergencies, and clarification on evidence standards aim to ensure that emergency appointments are both necessary and procedurally fair.

Practical Implications

The new liability provisions heighten the importance of diligence, documentation, and compliance for guardians. The communication restriction process now ensures transparency and an opportunity for court review before significant limitations are sustained. Emergency guardianships are harder to obtain without clear, specific evidence of imminent risk, especially in institutional care settings.

How Henson Efron can Help

The Estate, Trust & Probate attorneys at Henson Efron have decades of combined experience in:

• Advising individual and professional guardians and families on statutory compliance
• Representing individual and professional guardians and conservators in contested hearings and appeals
• Drafting and defending petitions and motions and assisting clients with objections to guardianship and conservatorship petitions
• Assisting with court-required reporting and compliance audits
• Guiding clients through communication and visitation disputes under the new legal framework

If you are uncertain about how these changes affect your responsibilities or rights, we can help you interpret the statutes, implement best practices, and protect your legal position. Contact one of our team members to schedule a consultation.

The purpose of this article is merely to provide general information and should not be construed as legal advice.