Minnesota Guardians and Conservators

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Minnesota Guardian Annual Report | Minnesota Personal Well-Being Report

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report

Minnesota Guardian Annual Report | Minnesota Personal Well-Being Report

Minnesota Guardian Annual Report;

– Minnesota Personal Well-Being Report

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Filing Requirements

M.S. Section 524.5-316(a) identifies the Minnesota Guardian Annual Report filing requirements, by providing in part as follows:

(a)     A guardian shall report to the court in writing on the condition of the person subject to guardianship at least annually and whenever ordered by the court.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Service Requirements

M.S. Section 524.5-316(a) identifies the Minnesota Guardian Annual Report service requirements, by providing in part as follows:

A copy of the report must be provided to the person subject to guardianship and to interested persons of record with the court.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Interested Persons

M.S. Section 524.5-102 Subd. 7 defines the term “interested person“, as follows:

“Interested person” includes:

(i)      the adult subject to guardianship or conservatorship, 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 including adult step-children of a living spouse, and siblings, or if none of such persons is living or can be located, the next of kin of the person subject to guardianship, person subject to conservatorship, or respondent;

(v)      an adult person who has lived with a person subject to guardianship, person subject to conservatorship, or respondent for a period of more than six months;

(vi)     an attorney for the person subject to guardianship, or person subject to conservatorship;

(vii)    a governmental agency paying or to which an application has been made for benefits for the respondent, person subject to guardianship, or person subject to conservatorship, including the county social services agency for the person’s county of residence and the county where the proceeding is venued;

(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 person subject to guardianship, person subject to conservatorship, 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)      in the case of a minor who is an Indian as defined under United States Code, title 25, section 1903, (1) the tribal chairman or delegated agent and (2) the regional director of the minor child’s tribe with service by registered or certified mail under Code of Federal Regulations, title 25, parts 23.11 and 23.12; and

(xi)     any other person designated by the court.

Minnesota Guardian Annual Report – Communication Duties

M.S. Section 524.5-316(d) imposes upon a guardian particular communication duties:

(d)     Unless communication is prohibited by court order, a guardian shall communicate to all known interested persons as defined by section 524.5-102, subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi):

(1)     within one day of awareness of:

(i)      a significant or unexpected change in health or medical condition requiring physician treatment or hospitalization of the person subject to guardianship;

(ii)      a significant situation that requires action by ambulance, law enforcement, or fire department for the person subject to guardianship; or

(iii)     the death of the person subject to guardianship, provided that the court shall also be notified of the death of the person subject to guardianship; and

(2)     at least 14 days in advance of a permanent change in the primary dwelling of the person subject to guardianship or a permanent move to a nursing home, mental health facility, or other facility unless the move was by prior order of the court.

Prior notice is not necessary for any change of primary dwelling due to accident, injury, illness, or other involuntary actions of the person subject to guardianship or guardian, but notice shall be provided to interested persons defined by section 524.5-102, subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi), within seven days of such a move caused by involuntary actions of the person subject to guardianship or guardian.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Legal Representative

M.S. Section 524.5-102 Subd. 8 defines the term “legal representative“, as follows:

“Legal representative” includes

  • a representative payee,
  • a guardian or conservator acting for a respondent in this state or elsewhere, or
  • a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Request to Not Receive Reports

M.S. Section 524.5-316(d) identifies that an interested person may file a request with the court to not receive service of any future Minnesota Guardian Annual Report, by providing as follows:

An interested person may notify the court in writing that the interested person does not wish to receive copies of reports required under this section.

The Ramsey County probate court cited the above provision in the following manner:

If any of the interested parties do not wish to receive a copy of the Personal Well-Being Report, they can notify the court in writing.

In some situations, it may be advisable for the siblings of the Ward to provide the court with a notification that they do not wish to receive service of any future Minnesota Guardian Annual Report in order to reduce the document service requirements which would otherwise be imposed on the Guardian.

If the person subject to guardianship has a large number of siblings, and each of the siblings of the person subject to guardianship must be served with a copy of the Minnesota Guardian Annual Report, the Guardian(s) will have to expend considerable effort every year in order to provide the required written notice of the Minnesota Guardian Annual Report.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Content Requirements

M.S. Section 524.5-316(a) identifies the Minnesota Guardian Annual Report content requirements, by providing in part as follows:

A report must state or contain:

(1)     the current mental, physical, and social condition of the person subject to guardianship;

(2)     the living arrangements for all addresses of the person subject to guardianship during the reporting period;

(3)     any restrictions placed on the right of the person subject to guardianship to communicate, visit, or interact with others, including receiving visitors or making or receiving telephone calls, personal mail, or electronic communications including through social media, or participating in social activities, and the factual bases for those restrictions;

(4)     the medical, educational, vocational, and other services provided to the person subject to guardianship and the guardian’s opinion as to the adequacy of the care of the person subject to guardianship;

(5)     a recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship;

(6)     an address or post office box and a telephone number where the guardian can be contacted; and

(7)     if applicable, the amount of payment received as guardian for services rendered to the person subject to guardianship that the guardian received during the previous year that were not paid by county contract, and the guardian’s current rates.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Statements of the Ward

M.S. Section 524.5-316(c) identifies that the person subject to guardianship or interested person of record with the court:

  • may submit to the court a written statement disputing statements or conclusions regarding the condition of the person subject to guardianship that are contained in the [Minnesota Guardian Annual] report and
  • may petition the court for an order that is in the best interests of the person subject to guardianship or for other appropriate relief.

Minnesota Guardian Annual Report – Court Visitor – Minnesota Personal Well-Being Report –

M.S. Section 524.5-316(e) identifies the Minnesota Guardian Annual Report court supervision procedures, by providing in part as follows:

(e)     The court may appoint a visitor to

  • review a report,
  • interview the person subject to guardianship or guardian, and
  • make any other investigation the court directs.

The court or its designee will review the court file each year to ensure that:

  • the report has been filed and

  • contains the required information stated above.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Court Monitoring

M.S. Section 524.5-316(f) identifies the Minnesota Guardian Annual Report court monitoring procedures, by providing in part as follows:

(f)      The court shall establish a system for monitoring guardianships, including the filing and review of annual reports.

If an annual report is not filed within 60 days of the required date,

the court shall issue an order to show cause.

Minnesota Guardian Annual Report – Minnesota Personal Well-Being Report – Removal of Guardian

M.S. Section 524.5-316(g) identifies that the failure to timely file, or the failure to properly complete, a Minnesota Guardian Annual Report may result in the removal of the Guardian by the court, by providing in part as follows:

(g)     If a guardian fails to comply with this section, the court may decline to appoint that person as a guardian or conservator, or may remove a person as guardian or conservator.

Conclusion;

Minnesota Guardian Annual Report

– Minnesota Personal Well-Being Report

Minnesota courts are increasing their supervision and monitoring of Minnesota guardians with respect to the completion and filing of the required Minnesota Guardian Annual Report a/k/a Minnesota Personal Well-Being Report. Failure to meet court requirements can result in the removal of the Guardian, and the appointment of a replacement Guardian for the person subject to guardianship – which may not be the best choice for the family of the person subject to guardianship.

If you require assistance with respect to any Minnesota guardianship issues, please contact attorney Gary C. Dahle, at 763-780-8390, or [email protected].

Gary C. Dahle – Attorney at Law

Phone: 763-780-8390

E-Mail: [email protected]

Copyrights 2021

Minnesota Guardian Annual Report

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 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 counsel. Gary 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 privilege. Please 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 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/