ARS expands guardianship services

When clients and families are looking for help with guardianships, they’re often surprised to learn about the challenges of the process. They are also relieved to know there are alternative options. One alternative option, called supported decision making, preserves the autonomy and agency of the individual who might otherwise be subject to a guardianship.

Supported decision making is gaining traction both locally and nationally. In fact, in Minnesota, the law requires a meaningful consideration and attempt at less restrictive alternatives prior to a guardianship.

Adult Representation Services (ARS) has a team that helps people navigate the guardianship landscape and all the options that exist before and beyond court involvement.

“We all want to help this person, but we have to figure out the ways this person wants to be helped,” said Sam Ness, an ARS paralegal. “It’s important, and sometimes I think people forget to ask. It takes more time and effort, but doing all these things is an investment.”

Alternatives and prevention

ARS has provided legal counsel to residents seeking to end a guardianship or who are subject to a petition for guardianship since 2022. Clients have a range of needs and circumstances, but the two biggest categories are older adults with a cognitive impairment (e.g., dementia) and young people with developmental disabilities.

In 2024, ARS received a state grant to implement supported decision making and prepetition guardianship services. ARS has also partnered with Lutheran Social Services to offer health care agent services to clients.

Prior to the grant for supported decision-making work, ARS would be appointed by the court only after a petition was filed or a court-ordered guardianship was already in place. The department’s ability to help was limited to supporting clients in the courtroom—when dismantling a guardianship might pit family members against each other.

“There are many times I know I can win a case on the legal merits,” said Emily Weichsel, a senior guardianship attorney for ARS. “But as part of that court process, we will have to call mom and dad as witnesses and my client as a witness.”

With the addition of supported decision-making services, ARS can now assist with preventative options and offer alternatives when a guardianship isn’t the best fit. At the same time, health care agents assist clients in making decisions and crafting health care directives—in contrast with a guardianship, in which the client loses all decision-making power.

Alleviating the legal system

Guardianship court proceedings can take months and rely on the same resources as any other hearing process, including attorneys, judges, legal staff and witnesses.

“The supported decision-making program aims to reduce caseloads at the court, prevent guardianship petitions from being filed, get people out of the hospital and back home faster. And we are protecting their civil liberties. Everyone benefits,” said ARS senior attorney John Kantke, who has been a guardianship attorney for 18 years.

One of the problems faced by clients and families has been that the courts and/or county will step in with financial supports for a guardianship but have not historically paid for health care agents—even though the law requires those less restrictive options be exhausted before a guardianship is approved.

“There’s a financial imbalance and a built-in incentive to pursue guardianship,” Kantke said. “An attorney can bill for their time, a guardian can bill, but to my knowledge there has never been a way for the county to seek funds for less restrictive options.”

Kantke and his team have been working on outreach efforts, connecting with schools, medical providers, attorneys, and social workers – some primary pipelines to guardianships – to share information about the new program. Referrals have been increasing steadily.

ARS is hopeful that its supported decision-making program will prove to be more efficient and cost-effective, while also giving a voice to those who are subject to guardianships.

“Most of the time people really do want to help. They have good intentions. So, it’s nice to have a conversation about what do we really want for this person,” Weichsel said. “It lets them have more control over what’s happening. And it’s more comfortable and more human.”

Published 3/13/25