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 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

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; and

(x)      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 that a Court may grant to a Minnesota Guardian:

  • 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

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 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.

However, M.S. Section 524.5-313(c)(2) also identifies that a Minnesota Guardian has no duty to pay for the Ward’s 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 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

M.S. Section 524.5-313(c)(3) identifies that a Minnesota Guardian – not a Minnesota Conservator – is responsible for a Ward’s clothing, furniture, vehicles and other personal effects.

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 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.

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 privilegePlease 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/