Minnesota re-examines guardianships: ‘They took away her rights’

Court-appointed guardians are calling the shots for a growing number of aging Minnesotans. The controversial role is in the spotlight as the legislative auditor’s office and a new task force look into changes.

By Jessie Van Berkel

For 50 years, Beverly and John Roland were inseparable. Then came the guardian.

During a long hospitalization for COVID-19, a judge decided a guardian should handle John’s decisions. She moved him to an assisted living facility hours from his wife, where his health rapidly deteriorated. In John’s final months of life, Beverly, who does not drive, struggled to piece together what was happening with her husband’s care. She spent late nights researching, “What can I do to get rid of a guardian?”

“I never knew anything like that could happen,” said Roland, 74, of Rochester. “It was a nightmare.”

A court-appointed guardian can take over an adult’s decision making if they are deemed unable to make responsible choices or meet their own basic needs. They provide a critical service for many vulnerable adults, but some families and advocates warn the powerful role can be overused, too restrictive and ripe for abuse. Guardians — often a family member or friend, other times strangers contracted to do the job — can decide where someone lives, what medical care they receive, even who they are allowed to see.

Minnesota is re-examining the system that guides nearly 35,000 lives and is growing with an aging population.  (Continue Reading)

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Minnesota re-examines guardianships: ‘They took away her rights’