Minnesota Emergency Guardian

Minnesota Emergency Guardian

Minnesota Emergency Guardian

Minnesota Guardian – Defined

M.S. Section 524.1-201, Subd. 27 defines the term Minnesota Guardian in the following manner:

Guardian” means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, . . . .

M.S. Section 524.5-102, Subd. 5 defines the term Minnesota Guardian in the following manner:

Guardian” means a person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent or spouse, or by the court, and includes a limited, emergency, or temporary substitute guardian . . . .

Minnesota Incapacitated Person – Defined

M.S. Section 524.5-102, Subd. 6 defines the term Minnesota Incapacitated Person in the following manner:

Incapacitated personmeans an individual

  • who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and

  • who has demonstrated deficits in behavior which evidence an inability to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological assistance.

Minnesota Respondent – Defined

M.S. Section 524.5-102, Subd. 15 defines the term Minnesota Respondent in the following manner:

Respondent” means an individual for whom the appointment of a guardian or conservator or other protective order is sought.

Minnesota Ward – Defined

M.S. Section 524.5-102, Subd. 17 defines the term Minnesota Ward in the following manner:

Ward” means an individual for whom a guardian has been appointed.

Minnesota Interested Person – Defined

M.S. Section 524.5-102, Subd. 7 defines the term Interested Person in the following manner:

Interested Person” includes:

(i)      the ward, protected person, or respondent;

(ii)      a nominated guardian or conservator, or the duly appointed guardian or conservator;

(iii)     legal representative;

(iv)     the spouse, parent, adult children and siblings, or if none of such persons is living or can be located, the next of kin of the ward, protected person, or respondent;

(v)      an adult person who has lived with a ward, protected person, or respondent for a period of more than six months;

(vi)     an attorney for the ward or protected person;

(vii)    a governmental agency paying or to which an application has been made for benefits for the respondent, ward, or protected person, . . . ;

(viii)   a representative of a state ombudsman’s office or a federal protection and advocacy program that has notified the court that it has a matter regarding the ward, protected person, or respondent;

(ix)     a health care agent or proxy appointed pursuant to a health care directive as defined in section 145C.01, a living will under chapter 145B, or other similar document executed in another state and enforceable under the laws of this state; and

(x)      any other person designated by the court.

Minnesota Emergency Guardian;

Minor

M.S. Section 524.5-204(c) identifies the requirements for the appointment of a Minnesota Emergency Guardian for a minor.

Minnesota Emergency Guardian for a Minor – Appointment

M.S. Section 524.5-204(c) declares that if the Court finds that following the procedures identified in Article 5 – PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY of the Minnesota Statutes:

  • will likely result in substantial harm to a minor’s health or safety, and
  • that no other person appears to have authority to act in the circumstances,

the court, on appropriate petition, may appoint an emergency guardian for the minor.

Minnesota Emergency Guardian for a Minor – Duration

M.S. Section 524.5-204(c) identifies the duration and authority of Minnesota Emergency Guardian for a Minor, by providing in part that:

The duration of the guardian’s authority may not exceed 30 days

and

the guardian may exercise only the powers specified in the order.

Minnesota Emergency Guardian for a Minor – Pre Hearing Notice

M.S. Section 524.5-204(c) identifies the pre hearing notice requirements with respect to the appointment of a Minnesota Emergency Guardian for a Minor, by providing in part that:

Reasonable notice of the time and place of a hearing on the petition for appointment of an emergency guardian must be given to the minor, if the minor has attained 14 years of age, to each living parent of the minor, and a person having care or custody of the minor, if other than a parent.

Minnesota Emergency Guardian for a Minor – Waiver of Hearing Notice

M.S. Section 524.5-204(c) identifies that the pre hearing notice requirements with respect to the appointment of a Minnesota Emergency Guardian for a Minor can be waived by the Court, by providing in part that:

The court may dispense with the notice if it finds from affidavit or other sworn testimony that the minor will be substantially harmed before a hearing can be held on the petition.

Minnesota Emergency Guardian for a Minor – Post Hearing Notice

M.S. Section 524.5-204(c) identifies the post hearing notice requirements with respect to the appointment of a Minnesota Emergency Guardian for a Minor – if no pre hearing notice has been given to the Minor – by providing in part that:

If the guardian is appointed without notice, notice of the appointment must be given within 48 hours after the appointment and a hearing on the appropriateness of the appointment held within five days after the appointment.

Minnesota Emergency Guardian;

Incapacitated Person

M.S. Section 524.5-311 identifies the requirements for the appointment of Minnesota Emergency Guardian for an incapacitated person – other than a minor.

Minnesota Emergency Guardian for an Incapacitated Person – Appointment

M.S. Section 524.5-311(a) identifies that if the Court finds that following the procedures identified in Article 5 – PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY of the Minnesota Statutes:

  • will likely result in substantial harm to the respondent’s health, safety, or welfare, and
  • that no other person appears to have authority and willingness to act in the circumstances,

 the court, on petition by a person interested in the respondent’s welfare – an Interested Personmay appoint a Minnesota Emergency Guardian:

  • whose authority may not exceed 60 days,

and

  • who may exercise only the powers specified in the order.

Minnesota Emergency Guardian for an Incapacitated Person – County Appointment

M.S. Section 524.5-311(a) identifies that if a Minnesota county petitions for appointment as a Minnesota Emergency Guardian on behalf of a vulnerable adult, the county may be granted authority to act as the Minnesota Emergency Guardian for a period not to exceed 90 days.

Minnesota Emergency Guardian for an Incapacitated Person – Court Appointed Attorney

M.S. Section 524.5-311(a) identifies that the Court will immediately appoint legal counsel to the respondent in the Minnesota Emergency Guardian matter relating to the incapacitated person, by providing in part as follows:

Immediately upon receipt of the petition for an emergency guardianship, the court shall appoint a lawyer to represent the respondent in the proceeding.

There is not, however, any comparable statutory provision which requires the appointment of legal counsel in a Minnesota Emergency Guardianship matter relating to a minor – although M.S. Section 524.5-205(d) provides as follows:

If the court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor,

giving consideration to the choice of the minor if the minor has attained 14 years of age,

provided that such appointment shall expire upon the expiration of the appeal time for the order appointing guardian or the order dismissing a petition or upon such other time or event as the court may direct.

Minnesota Emergency Guardian for an Incapacitated Person – Pre-Hearing Notice

M.S. Section 524.5-311(a) identifies the pre hearing notice requirements with respect to the appointment of a Minnesota Emergency Guardian for an Incapacitated Person, by providing in part that:

Except as otherwise provided in paragraph (b),

reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the court directs.

Minnesota Emergency Guardian for an Incapacitated Person – Waiver of Hearing Notice

M.S. Section 524.5-311(b) identifies that the pre hearing notice requirements with respect to the appointment of a Minnesota Emergency Guardian for an Incapacitated Person can be waived by the Court, by providing in part that:

An emergency guardian may be appointed without notice to

  • the respondent and
  • the respondent’s lawyer

only if the court finds from affidavit or other sworn testimony that the respondent will be substantially harmed before a hearing on the appointment can be held.

 

Minnesota Emergency Guardian for an Incapacitated Person – Post-Hearing Notice

M.S. Section 524.5-311(b) identifies the post hearing notice requirements with respect to the appointment of a Minnesota Emergency Guardian for an Incapacitated Person – if no pre hearing notice has been given to the incapacitated person – by providing in part that:

If the court appoints an emergency guardian without notice to the respondent, the respondent must be given notice of the appointment within 48 hours after the appointment.

The court shall hold a hearing on the appropriateness of the appointment within five days after the appointment.

Minnesota Emergency Guardian for an Incapacitated Person – No Determination of Incapacity

M.S. Section 524.5-311(c) identifies that any appointment of a Minnesota Emergency Guardian for an Incapacitated Person will not result in any final determination that the respondent is an incapacitated person – leaving that decision for a non-emergency Court appointment hearing.

Minnesota Emergency Guardian for an Incapacitated Person – Removal of Emergency Guardian

M.S. Section 524.5-311(d) identifies that the Court may remove a Minnesota Emergency Guardian for an Incapacitated Person at any time.

Minnesota Emergency Guardian for an Incapacitated Person – Reporting by the Emergency Guardian

M.S. Section 524.5-311(d) identifies that the Court may require a Minnesota Emergency Guardian for an Incapacitated Person to make any reports on the condition of the Ward that the court deems appropriate.

Minnesota Emergency Guardian for an Incapacitated Person – General Governing Rules

M.S. Section 524.5-311(d) identifies that except as otherwise provided in M.S. Section 524.5-311(d), the general rules applicable to all Minnesota guardians are applicable to any Minnesota Emergency Guardian for an Incapacitated Person.

Conclusion – Minnesota Emergency Guardian

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

Minnesota Guardianships – Adults

Minnesota Guardianships – Minors

Minnesota Conservatorships

Gary C. Dahle – Attorney at Law

Phone: 763-780-8390

E-Mail: gary@dahlelaw.com

Topics of Interest:

 

 Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota guardianships 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.

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Minnesota Guardianship and Conservatorship Links

Minnesota Conservatorships for Adults – https://dahlelaw.com/minnesota-conservatorships-adults/

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/