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 person” means 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 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
“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; and
(x) any other person designated by the court.
Minnesota Guardian Powers – Limited
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
- the power to have custody of the Ward, and
- the power to establish the Ward’s 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 Ward or any Interested Person may petition the Court to prevent, or to initiate, a change in the Ward’s place of abode.
Minnesota Guardian Powers – Admission to a Regional Treatment Center
(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
- the duty to provide for the Ward’s care, comfort, and maintenance needs, including food, clothing, shelter, health care, social and recreational requirements, and
- whenever appropriate, training, education, and habilitation or rehabilitation.
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 Ward’s requirements through governmental benefits or services to which the Ward is entitled, rather than from the Ward’s estate.
Any failure to provide for the Ward’s care, comfort, and maintenance needs shall be grounds for the removal of a Minnesota Guardian, but a Minnesota Guardian shall have no personal or monetary liability for failing to provide for such needs.
Minnesota Guardian Powers – Sale of Personal Property
A Minnesota Conservator, if one has been appointed, is responsible for all of the other personal property of the Ward.
A Minnesota Guardian may not sell or dispose of the Ward’s clothing, furniture, vehicles, or other personal effects without giving prior written notice of the proposed sale to:
- the Ward, 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 Ward, unless the Ward is the objector.
Any Minnesota Guardian served with notice of an objection to the disposition of the Ward’s clothing, furniture, vehicles, or other personal effects 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 Ward
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 Ward 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 Ward which violates the known conscientious, religious, or moral beliefs of the Ward.
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 Ward’s estate, a Court may grant to a Minnesota Guardian the power to approve, or withhold approval of, any contract – except for necessities – which the Ward 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 Ward in a manner which limits the Ward’s civil rights, and restricts the Ward’s personal freedom, 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 Ward’s estate, a Court may grant to a Minnesota Guardian the power to apply on behalf of the Ward for any assistance, services, or benefits available to the Ward 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 firstname.lastname@example.org.
Gary C. Dahle – Attorney at Law
Topics of Interest:
- Conservator’s Sale of Minnesota Real Property
- Minnesota Conservator Duties and Obligations
- Minnesota Conservator Powers – Statutory
- Minnesota Conservator(s)
- Minnesota Guardian Annual Report | Minnesota Personal Well-Being Report
- Minnesota Guardian Background Study Requirement
- Minnesota Guardian(s)
- Minnesota Guardians of Minors
- Minnesota Guardianship Attorney – Gary C. Dahle – Minnesota Conservatorship Attorney
- Minnesota Guardianships – Minnesota Conservatorships
- Minnesota Judicial Appointment of Guardian(s)
- Minnesota Parental Appointment of Guardian
- Minnesota Temporary Guardian
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.
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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/