Minnesota Conservator Duties

Minnesota Conservator Duties

Minnesota Conservator Duties

and Obligations

A Minnesota Conservator must satisfy certain annual Minnesota Conservator Duties, and meet certain annual obligations.

Minnesota Conservator Duties – Annual Notice of Rights

A Minnesota Conservator must provide the Protected Person, and interested persons of record, with an Annual Notice of Rights to Petition for reinstatement of the Protected Person’s rights which were suspended during the Conservatorship, within 30 days after the anniversary date of the Minnesota Conservator’s appointment.

Minnesota Conservator Duties – Events Reporting

A Minnesota Conservator shall report to the court in writing within 30 days of the occurrence of any of the following events:

(1) the conservator is removed for cause from serving as a guardian or conservator, and if so, the case number and court location;

(2) the conservator has a professional license from an agency listed under section 524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and if so, the licensing agency and license number, and the basis for denial, condition, suspension, revocation, or cancellation of the license;

(3) the conservator is found civilly liable in an action that involves fraud, misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the case number and court location;

(4) the conservator files for or receives protection under the bankruptcy laws, and if so, the case number and court location;

(5) a civil monetary judgment is entered against the conservator, and if so, the case number, court location, and outstanding amount owed;

(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic offense, and if so, the case number and court location; or

(7) an order for protection or harassment restraining order is issued against the conservator, and if so, the case number and court location.

The conservator must also report any of the above occurrences, and follow the same above reporting requirements, with respect to any employee of the conservator responsible for exercising powers and duties under the conservatorship.

Minnesota Conservator Duties – Annual Accounting Reports

Each year, within 30 days of the anniversary of appointment, the Minnesota Conservator must file with the Probate Court an Annual Account, which identifies:

  • the funds that came into possession of the Conservator;
  • the funds that were spent for the Protected Person; and
  • the balance of the Protected Person’s funds.

The Minnesota Conservator’s attorney may be best suited to prepare such account reports.

All such reports must also be filed electronically on a state-run central administrative portal.

If the Conservator intends to personally file such reports electronically on the central portal, the Conservator will be required to complete a court sponsored training program.

Alternatively, the Minnesota Conservator can delegate the duty of filing such electronic reports to legal counsel – pursuant to a duly executed power of attorney document.

The Minnesota Conservator must give the Protected Person (if over 14 years of age), a copy of the annual account report each year.

Minnesota Conservator Duties – Initial Accounting Report

The initial accounting report should begin as of the date of appointment, and will use the values identified for the personal property listed on the Inventory as a starting point.

Minnesota Conservator Duties – Subsequent Accounting Reports

Accounting reports subsequent to the initial account report will start with the ending balance from the previous year’s accounting report.

Minnesota Protected Person’s Objections

A protected person or an interested person of record with the court may submit to the court a written statement disputing account statements regarding the administration of the estate, or addressing any disciplinary or legal action that is contained in the reports, and may petition the court for any order that is in the best interests of the protected person and the estate or for other appropriate relief.

Minnesota Conservator Duties – Hearings on Accounting Reports

No order settling or allowing either an annual accounting report, or a final accounting report, shall be issued by the court without:

  • a hearing to approve the accounting report, and
  • notice of the hearing provided to the Protected Person, and other interested persons.

There must be a hearing on the final accounting report at the death of either:

  • the Protected Person,or
  • the Minnesota Conservator.

A hearing for the settlement and allowance of an annual or final accounting report may be ordered upon the request of the Court, or any interested party.

A hearing shall be held for such a purpose at least once every five years upon proper notice – or in accordance with a different schedule issued by the Court.

Minnesota Conservator Duties – Court Appearances

(i) Continuing Court Jurisdiction

M.S., Section 524.5-111 provides that a Conservator shall be subject to the continuing jurisdiction of the Court at all times and in all things – which means that a Conservator essentially acts as an agent, or a representative, of the Court.

Therefore, despite being given very broad powers:

  • the Conservator is accountable to the Court with respect to decisions made on behalf of the Protected Person, and
  • the Conservator’s actions are subject to review and direction by the Court.

Nevertheless after appointment by a Court, a Minnesota Conservator has the authority to complete most of the duties assigned to the Conservator without additional Court involvement.

(ii) Prior Court Authorization

Some actions – such as the sale of real estate – require prior authorization from the court.

In addition, if the Minnesota Conservator intends to purchase an asset costing more than $500, the Conservator may need to petition for, and obtain court approval of, the expenditure – which may be obtained without a hearing.

(iii) Legal Counsel

The Minnesota Conservator should obtain competent legal and financial advice, particularly when there are significant assets, and contested, or controversial situations.

Minnesota Conservator Duties – Court Supervision

The court shall establish a system for monitoring of a Minnesota Conservator, including the filing and review of the conservators’ reports and plans.

The court may appoint a visitor to review a report or plan, interview the protected person or Minnesota Conservator, and make any other investigation the court directs.

In connection with a report, the court may order a Minnesota Conservator to submit the assets of the estate to an appropriate examination to be made in a manner the court directs.

Minnesota Conservator Duties –  Accountability

If an annual report is not filed within 60 days of the required date by a Minnesota Conservator, the court shall issue an order to show cause why the Minnesota Conservator should not be removed from office.

If a Minnesota Conservator fails to comply with the accounting requirements, the court may decline to appoint that person as a guardian or conservator, or may remove a person as guardian or conservator.

Minnesota Conservator Duties – Acceptance of Reports

A court order, after notice and a hearing, allowing an intermediate accounting report of a Minnesota conservator, adjudicates liabilities of the Minnesota Conservator concerning the matters adequately disclosed in the accounting.

A court order, after notice and a hearing, allowing a final accounting report of a Minnesota conservator, adjudicates all previously unsettled liabilities of the Minnesota Conservator relating to the conservatorship.

Conclusion – Minnesota Conservator Duties

If you require assistance with respect to any Minnesota Conservator issues, please contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

Copyright 2016 – All Rights Reserved

No claim to the text of statutory provisions, or judicial decisions.

 Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Licensed in Minnesota and North Dakota

Phone:  763-780-8390   Fax: 763-780-1735

gary@dahlelaw.com

Topics of Interest:

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota conservators involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with legal counselGary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the State of North Dakota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

Accessing the web site of Gary C. Dahle, Attorney at Law – http://www.dahlelaw.com or https://dahlelawguardianships.com may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on http://www.dahlelaw.com or https://dahlelawguardianships.com do not constitute legal advice, or the establishment of an attorney/client relationship. Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilegePlease use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk. Gary C. Dahle, Attorney at Law, provides the http://www.dahlelaw.com and https://dahlelawguardianships.com web sites and their content on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy or completeness.

Minnesota Guardianship and Conservatorship Links

Minnesota Guardianship and Conservatorship Statutes – Minors: https://www.revisor.mn.gov/statutes/?id=524.5-101

Minnesota Guardianship and Conservatorship Statutes – Adults: https://www.revisor.mn.gov/statutes/?id=524.5-601

Pacer Center: http://www.pacer.org/

National Institute of Mental Health: https://www.nimh.nih.gov/index.shtml

The Alzheimer’s Foundation of America: https://alzfdn.org/