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 ward 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 ward 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 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, 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 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 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 – Ramsey County Service Requirements

As of November, 2016, the Ramsey County probate court identified the parties who would be required to be served with a Minnesota Guardian Annual Report, as follows:

Minnesota law requires that the ward and all interested persons, including

  • siblings,
  • parents,
  • adult children, and
  • case managers or social workers,

are to receive a copy of the following documents and be named in the Affidavit of Service:

  1. Personal Well-Being Report; and
  1. Annual Notice of Right to Petition for Restoration to Capacity or Other Relief.

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

In the past, we did not enforce that the Affidavits be prepared properly.

However, this requirement will be enforced from now on.

Mail or hand deliver the above-referenced forms to all of the interested persons, including, but not limited to,

  • spouse,
  • adult children,
  • Parents,
  • siblings (if none then the ward’s next of kin),
  • social worker or case manager,
  • legal representative,
  • administrator of a home,
  • nominated or appointed conservator,
  • other co-guardians,
  • attorney for the ward,
  • agent under the ward’s health care directive, Etc.

If you do not know the address of an interested person, you still have to

  • list their name on the Affidavit of Service, and
  • provide a note stating that you do not know their address.

Minors do not need a copy of the documents.

If an interested person died, please list them, and indicate that they died.

Only one Affidavit of Service is needed if there are co-guardians.

Add their names and addresses to the Affidavit of Service.

File the Affidavit of Service with the court.

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 Ward has a large number of siblings, and each of the Ward’s siblings 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 ward;

(2)     the living arrangements for all addresses of the ward during the reporting period;

(3)     any restrictions placed on the ward’s right to communication and visitation with persons of the ward’s choice and the factual bases for those restrictions;

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

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

(6)     an address and telephone number where the guardian can be contacted; and

(7)     if applicable, the amount of reimbursement for services rendered to the ward that the guardian received during the previous year that were not reimbursed by county contract.

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

As of November, 2016, the Ramsey County probate court required the Minnesota Guardian Annual Report to address the following issues:

If you answered questions on the Personal Well-Being Report with a “no change” or “same,” we will no longer be accepting them in the future.

More detailed answers are required.

Instead, answers must provide a brief summary of information on the ward’s condition during the reporting period.

All questions must be answered.

The report will not be accepted if answers are left blank.

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

M.S. Section 524.5-316(c) identifies that a Ward 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 ward 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 ward 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 ward 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 Ward – which may not be the best choice for the family of the Ward.

Not all counties can be expected to follow the Ramsey County probate court procedures identified above.

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

Gary C. Dahle – Attorney at Law

Phone: 763-780-8390

E-Mail: gary@dahlelaw.com

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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 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.

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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/