Guardians have the power to bring a harassment restraining order for a ward.

In the case of Thompson v. Thompson, A18-0309, Filed November 26, 2018 the guardian for a ward sought a harassment restraining order (Minn. Stat. 609.748, subd. 5(b)(3)) on behalf of the ward against the former step-parent/former co-guardian. The court granted a 2 year order. One of the issues raised on appeal was standing. Appellant challenged the guardian’s ability to seek an HRO for a ward. The court noted that guardians have broad powers under Minn. Stat. § 524.5-313(c) and citing to State v. Nodes, 538 N.W.2d 158, 161 (Minn. App. 1995) to find that guardian powers include the power to bring an HRO. In this case the district court had given the guardian all powers under Minn. Stat. § 524.5-313(c) and therefore held that the guardian had power to bring the HRO. The court of appeals upheld the guardian’s standing to bring an HRO.

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