This is similar to case law in other states. While Minnesota statutes provide for the appointment of guardians, they provide little detail on what roles guardians should fulfill. References to guardian roles and responsibilities are scattered throughout court rules, statutes, case law, and judicial guidelines. Minnesota uses the Guidelines to clarify the guardians roles and duties. But for the reasons cited earlier, the Guidelines are not effective.
Judges differ in how they use guardians ad litem.
In some cases, guardians simply gather information and present recommendations to the court. In other cases, guardians may act as custody evaluators, or visitation expediters. Judges, court administrators, and guardians do not always agree on what constitutes the guardians' responsibilities. Judges also differ in their expectations of guardians for communication and reporting. People told us the multiplicity of guardian roles can be confusing, especially to parents who may not always understand why guardians were appointed.