Detailed Answer
Under Minnesota law, service of process on a minor or an individual under guardianship differs from service on a competent adult. The rules governing these procedures appear in the Minnesota Rules of Civil Procedure and the Minnesota Uniform Guardianship Act.
Service on Minors (Under 18)
- You must serve a parent or legal guardian of the minor. Serving either a custodial or non-custodial parent meets this requirement (see Minn. R. Civ. P. 4.03(b)(2)).
- If the minor has no parent or guardian of record, the court must appoint a guardian ad litem to receive service on the minor’s behalf.
- After personal service on the parent, guardian, or guardian ad litem, mail a copy of the documents to the minor’s last known address if the court so directs.
Service on Individuals Under Guardianship
- If a court has appointed a guardian for the individual, you must serve process on the guardian (see Minn. R. Civ. P. 4.03(b)(3)).
- If the person under guardianship has no guardian of record, you may serve the person directly and request the court to appoint a guardian ad litem to protect the individual’s interests.
- In guardianship proceedings, statutes set specific notice and service rules. For notice by personal service, see Minn. Stat. § 524.5-117. For notice of hearing requirements, see Minn. Stat. § 524.5-204.
Proof of Service
- File an affidavit or certificate of service with the court showing the date, time, location, and method of service.
- Include the name of the person served and, if applicable, the name of the guardian or guardian ad litem.
- Keep copies of all return receipts, certified mail slips, and affidavits for your records.
Helpful Hints
- Confirm guardianship status by reviewing letters of guardianship on file with the court.
- If you cannot locate a guardian, consider alternative methods such as service by publication with court approval.
- Check court rules for deadlines; improper service can lead to dismissal of your case.
- When in doubt, contact the court administrator’s office for guidance on approved methods of service.
- Maintain clear records of all service efforts and any communications with guardians or court staff.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.