When you are choosing a guardian or a conservator, there are several initial considerations you must make. For one, you need to be able to trust the person to be able to faithfully and properly carry out the responsibilities of the position. You also want to make sure the courts will agree to appoint them to the position. Remember, just because you choose someone as a conservator or guardian does not guarantee they will be able to take the position. These positions are overseen by the courts in your state. Thus, the positions of conservator and guardian are appointed (technically they are approved by the court).
The court will generally perform a background check on the person who will fill this role, and they are looking for several red flags. These roadblocks could potentially bar a person from being appointed as a conservator or guardian by the court.
The court can deny a person from becoming a conservator or guardian if they have a criminal background, especially if that background includes a felony conviction. While this doesn’t always outright prevent a person from being appointed, it is a substantial roadblock, nonetheless.
Even if a person has never been convicted of a crime or served any jail time, allegations or charges can still be a roadblock to being appointed. It is up to the court to do their best to ensure trustworthy people are appointed to these positions, so a record of numerous allegations can serve as a roadblock.
For more information on the background checks performed on conservators and guardians in Minnesota, including what they entail as well as your rights, see the Minnesota Department of Human Services website.
Poor Credit History and Bankruptcy
These two red flags are especially important when choosing a conservator. The general powers of conservators are managing the finances of a protected person. Naturally, this means the court will want to see that this person has a clean financial record. If the court finds the person to have a history that includes bankruptcy, they may find that the person is unfit to hold the position. Having poor credit or heavy debt may also stop a conservator from obtaining a bond, which many courts require in order to take the position.
To obtain a bond for your conservatorship, contact 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.