Minnesota Guardian Powers

Minnesota Guardian Powers

Minnesota Guardian Powers

Minnesota Guardian Powers

Minnesota Guardian – Defined

M.S. Section 524.1-201, Subd. 27 defines the term 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 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 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 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 and supported decision-making assistance.

Minnesota Ward – Defined

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

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

Minnesota Conservator – Defined

M.S. Section 524.5-102, Subd. 3, and also M.S. Section 524.5-102, Subd. 10, define the term Conservator in the following manner:

Conservator” means a person who is appointed by a court to manage the estate of a protected person . . . .

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;  (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 Powers – Limited

M.S. Section 524.5-313(a) identifies that a Minnesota Guardian shall be subject to the control and direction of the Court at all times, and in all things.

M.S. Section 524.5-313(b) identifies that the Court shall grant to a Minnesota Guardian only those powers necessary to provide for the demonstrated needs of the Ward.

Minnesota Guardian Powers – Plenary or Limited

M.S. Section 524.5-313(c) identifies that a Court may appoint a Minnesota Guardian if it determines that the exercise of some, or all, of the powers and duties listed in M.S. Section 524.5-313 is necessary to provide for the needs of the Incapacitated Person.

Minnesota Guardian Powers – Custody and Abode

M.S. Section 524.5-313(c)(1) identifies identifies that a Court may grant to a Minnesota Guardian:

  • the power to have custody of the person subject to guardianship, and
  • the power to establish a place of abode within or outside the state,

except as otherwise provided in M.S. Section 524.5-313(c)(1). However, a Minnesota Guardian must notify the Court of any change in the Ward’s place of abode.

Petition to Prevent or Initiate a Change in Abode

M.S. Section 524.5-313(c)(1) identifies that the person subject to guardianship or any Interested Person may petition the Court to prevent, or to initiate, a change in the place of abode of the person subject to guardianship.

Minnesota Guardian Powers – Admission to a Regional Treatment Center

M.S. Section 524.5-313(c)(1) identifies that a Ward may not be admitted to a Minnesota regional treatment center by a Minnesota Guardian except:

(i)        after a hearing under chapter 253B – relating to Civil Commitment;

(ii)       for outpatient services; or

(iii)      for the purpose of receiving temporary care for a specific period of time not to exceed 90 days in any calendar year;

Minnesota Guardian Powers – Care, Comfort, and Maintenance

M.S. Section 524.5-313(c)(2) identifies that a Minnesota Guardian will have:

  • the duty to provide for the care, comfort, and maintenance needs of a person subject to guardianship, including food, clothing, shelter, health care, social and recreational requirements, and
  • whenever appropriate, training, education, and habilitation or rehabilitation.

However, M.S. Section 524.5-313(c)(2) also identifies that a Minnesota Guardian has no duty to pay for such requirements out of personal funds.

Minnesota Guardian Powers – Governmental Benefits or Services

M.S. Section 524.5-313(c)(2) identifies that whenever possible and appropriate, a Minnesota Guardian should meet the requirements of a person subject to guardianship through governmental benefits or services to which the person subject to guardianship is entitled, rather than from the estate of the person subject to guardianship.

Any failure to provide for the care, comfort, and maintenance needs of a person subject to guardianship shall be grounds for the removal of a Minnesota Guardian, although a Minnesota Guardian shall have no personal or monetary liability for failing to provide for such needs

Minnesota Guardian Powers – Sale of Personal Property

M.S. Section 524.5-313(c)(3) identifies that a Minnesota Guardian – not a Minnesota Conservator – is responsible for the clothing, furniture, vehicles and other personal effects of a person subject to guardianship.

A Minnesota Conservator, if one has been appointed, is responsible for all of the other personal property of the person subject to guardianship.

A Minnesota Guardian may not sell or dispose of the clothing, furniture, vehicles, or other personal effects of a person subject to guardianship without giving prior written notice of the proposed sale to:

  • the person subject to guardianship, and
  • all Interested Persons identified on the Petition which commenced the Guardianship.

The written notice of the proposed sale must inform such persons of the right to:

  • object to the disposition of the property – within ten days of the date of mailing, and
  • petition the court for a review of the Minnesota Guardian’s proposed actions.

Notice of any such objection must be served by mail or personally on the Minnesota Guardian and the person subject to guardianship, unless the person subject to guardianship is the objector.

Any Minnesota Guardian served with notice of an objection to the disposition of the clothing, furniture, vehicles, or other personal effects of the person subject to guardianship may not dispose of such property unless the Court approves the disposition – after a hearing.

Minnesota Guardian Powers – Appointment of a Conservator

M.S. Section 524.5-313(c)(3) identifies that if a Ward’s property – other than clothing, furniture, vehicles and other personal effects – requires protection, a Minnesota Guardian may be granted, the power to seek appointment of a Minnesota Conservator of the Ward’s estate.

Minnesota Guardian Powers – Medical Treatment of the Person Subject to Guardianship

M.S. Section 524.5-313(c)(4) identifies that a Court may grant to a Minnesota Guardian the power to give any necessary consent to enable the person subject to guardianship to receive appropriate and necessary medical or other professional care, counsel, treatment, or service. However, a Minnesota Guardian may not give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind – unless the procedure is first approved by the Court. In addition, a Minnesota Guardian may not consent to any medical care for the person subject to guardianship which violates the known conscientious, religious, or moral beliefs of the person subject to guardianship.

Minnesota Guardian Powers – Contracts

M.S. Section 524.5-313(c)(5) identifies that if no Minnesota Conservator has been appointed with respect to the estate of a person subject to guardianship, a Court may grant to a Minnesota Guardian the power to approve, or withhold approval of, any contract – except for necessities – which the person subject to guardianship may make or wish to make.

Minnesota Guardian Powers – Supervisory Authority

M.S. Section 524.5-313(c)(6) identifies that a Court may grant to a Minnesota Guardian the duty and power to exercise supervisory authority over the person subject to guardianship in a manner which limits the civil rights, and restricts the personal freedom, of the person subject to guardianship only to the extent necessary to provide needed care and services.

Minnesota Guardian Powers – Governmental Benefits

M.S. Section 524.5-313(c)(7) identifies that if there is no duly appointed Minnesota Conservator of the estate of a person subject to guardianship, a Court may grant to a Minnesota Guardian the power to apply on behalf of the person subject to guardianship for any assistance, services, or benefits available to the person subject to guardianship through any unit of government.

Conclusion – Minnesota Guardian Powers

If you require assistance with respect to any Minnesota guardianship issues – including Minnesota Guardian Powers – 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

Copyrights, 2021

Minnesota Guardian powers

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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/