Minnesota Temporary Guardian

Minnesota Temporary Guardian

Minnesota Temporary Guardian

Minnesota Guardian – Defined

M.S. Section 524.1-201, Subd. 27 defines the term Minnesota 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 Minnesota 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 Minnesota 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 Minnesota Ward in the following manner:

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

Minnesota Temporary Guardian;

Minors

M.S. Section 524.5-204(b) identifies the requirements for the appointment of a Minnesota Temporary Guardian for a minor, and declares that:

  • if necessary, and
  • on petition or motion, and
  • whether or not the conditions of paragraph M.S. Section 524.5-204(a) – relating to when a limited or unlimited guardian can be appointed for a minor – have been satisfied:

the court may appoint a temporary guardian for a minor upon a showing

  • that an immediate need exists and
  • that the appointment would be in the best interest of the minor.

Minnesota Temporary Guardian for a Minor – Pre Hearing Notice

M.S. Section 524.5-204(b) identifies the pre hearing notice requirements with respect to the appointment of a Minnesota Temporary Guardian for a Minor, by providing in part that:

Notice must be given to the parents and to a minor who has attained 14 years of age.

Minnesota Temporary Guardian for a Minor – Duration

M.S. Section 524.5-204(b) identifies the duration and authority of a Minnesota Temporary Guardian for a Minor, by providing in part that:

Except as otherwise ordered by the court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship may not exceed six months.

Minnesota Temporary Guardian for a Minor – Post Appointment Notice

M.S. Section 524.5-204(b) identifies the post appointment notice requirements with respect to the appointment of a Minnesota Temporary Guardian for a Minor, by providing in part that:

Within five days after the appointment, the temporary guardian shall send or deliver a copy of the order to all individuals who would be entitled to notice of hearing under section 524.5-205.

Such persons entitled to notice would include:

(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 Temporary Guardian Substitute;

Incapacitated Person

M.S. Section 524.5-312 identifies the requirements for the appointment of a Minnesota Temporary Guardian Substitute for an Incapacitated Person – other than a minor.

Minnesota Temporary Guardian Substitute for an Incapacitated Person – Appointment

M.S. Section 524.5-312(a) identifies that if the Court finds that:

  • a guardian is not effectively performing the guardian’s duties, and
  • the welfare of the ward requires immediate action,

it may appoint a Minnesota temporary guardian substitute for the Ward – for a specified period not exceeding six months.

Minnesota Temporary Guardian Substitute for an Incapacitated Person – Powers

M.S. Section 524.5-312(a) identifies the powers of a Minnesota Temporary Guardian Substitute for an Incapacitated Person, by providing in part that:

Except as otherwise ordered by the court,

a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment.

Minnesota Temporary Guardian Substitute for an Incapacitated Person – Suspension of Prior Appointed Guardian

M.S. Section 524.5-312(a) identifies that the powers of a previously appointed Minnesota Unlimited or Limited Guardian for an Incapacitated Person will be suspended upon the appointment of a Minnesota Temporary Guardian Substitute for an Incapacitated Person, by providing in part that:

The authority of any unlimited or limited guardian previously appointed by the court is suspended as long as a temporary substitute guardian has authority.

Minnesota Temporary Guardian Substitute for an Incapacitated Person – Post Appointment Notice

M.S. Section 524.5-312(a) identifies the post appointment notice requirements with respect to the appointment of a Minnesota Temporary Guardian Substitute for an Incapacitated Person, by providing in part that:

If an appointment is made without previous notice to the ward or the affected guardian, within five days after the appointment, the court shall inform the ward or guardian of the appointment.

Removal of Minnesota Temporary Guardian Substitute for an Incapacitated Person

M.S. Section 524.5-312(b) identifies that the Court may remove a Minnesota Temporary Guardian Substitute for an Incapacitated Person at any time.

Minnesota Temporary Guardian Substitute for an Incapacitated Person – Reporting by the Emergency Guardian

M.S. Section 524.5-312(b) identifies that the Court may require a Minnesota Temporary Guardian Substitute for an Incapacitated Person to make any reports with respect to the condition of the Ward that the Court deems appropriate.

Minnesota Temporary Guardian Substitute for an Incapacitated Person – General Governing Rules

M.S. Section 524.5-312(b) identifies that except as otherwise provided in M.S. Section 524.5-312, the general rules applicable to all Minnesota guardians are applicable to any Minnesota Temporary Guardian Substitute for an Incapacitated Person.

Conclusion – Minnesota Temporary Guardian

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

Minnesota Guardianships – Adults

Minnesota Guardianships – Minors

Minnesota Conservatorships

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.

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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/