In the state of Minnesota, and in many other states, those who are unable to handle their day-to-day affairs can be subject to guardianships, whereby a person or entity is appointed to oversee the personal management of such person. Guardians are charged with making personal decisions about the person subject to the guardianship’s daily life, including living arrangements, education, food, clothing, etc. See this short guide for more details.
When a person is incapacitated or unable to care for themselves, a guardianship is formed to protect them. This includes those who have undergone civil commitments.
What is Involuntary Civil Commitment?
A person can voluntarily have themselves committed by admitting themselves to an institute for treatment. Any person over the age of 16 to request voluntary admission for treatment of chemical dependency, mental illness and developmental disabilities. Children under 16 years may be admitted voluntarily by a parent or legal guardian after an independent evaluation.
When a person is deeded to be a danger to themselves or others, they can be involuntarily civilly committed in the state of Minnesota. The process and details for this can be found in MN Statute 253B.02. In Minnesota, there are six types of civil commitment proceedings:
- Mentally Ill persons
- Developmentally Disabled persons
- Chemically Dependent persons
- Persons Mentally Ill and Dangerous to the Public
- Sexual Psychopathic Personalities
- Sexually Dangerous Persons
More information can be found on these types of civil commitments here. If you are interested in the process of having someone civilly committed in Minnesota, you can find more information on that here.
How Guardianships Impact Civil Commitments
Guardianships in Minnesota deal with people who suffer from incapacity due to their physical or mental health. When a person undergoes a voluntary request for treatment, they generally do not have to be committed if a guardian has given consent.
When filing for guardianship, a Judgment of Incapacity is made that determines if the person is subject to a guardianship based on their capacity to self-neglect. It must be determined that they are not capable of handling their own day-to-day care.
Getting a Bond for a Minnesota Guardianship
Anyone who assumes the role of a guardian in Minnesota will be required to obtain a guardianship bond, which provides protection should the guardian fail to properly perform their assigned duties. If you are about to become a guardian for a person in Minnesota, you’ll need to get a bond as directed by the court. If you need a guardianship bond, get in touch with the experts at The Patrick J. Thomas Agency today.
Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.