Title Minnesota Statutes, Minnesota Statutes

524.3-916 APPORTIONMENT OF ESTATE TAXES AND GENERATION-SKIPPING TAX. (a) For purposes of this section: (1) "estate" means the gross estate of a decedent as determined for the purpose of federal estate tax or the estate tax payable to this state; (2) "decedent's generation-skippin…

524.4-101 DEFINITIONS. In this article: (1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in article 3. (2) "Local personal representative" includes any personal representative appoin…

524.4-201 PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO DOMICILIARY FOREIGN PERSONAL REPRESENTATIVE WITHOUT LOCAL ADMINISTRATION. At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or h…

524.4-202 PAYMENT OR DELIVERY DISCHARGES. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the instrument evidencing the debt, obligation, stock or chose in action to the same extent as …

524.4-203 RESIDENT CREDITOR NOTICE. Payment or delivery under section 524.4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the instrument evidencing the debt, obligation…

524.4-204 PROOF OF AUTHORITY-BOND. If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file the following with a court in this state in a county in which property belonging to the decedent is l…

524.4-205 POWERS. At any time after the expiration of 60 days from a domiciliary foreign personal representative's filing in accordance with section 524.4-204 such domiciliary foreign personal representative may exercise as to assets in this state all powers of a local personal r…

524.4-206 POWER OF REPRESENTATIVES IN TRANSITION. The power of a domiciliary foreign personal representative under section 524.4-201 or 524.4-205 shall be exercised only if there is no administration or application therefor pending in this state. Any application or petition for l…

524.4-207 PROVISIONS GOVERNING ANCILLARY AND OTHER LOCAL ADMINISTRATIONS. In respect to a nonresident decedent, the provisions of article 3 of this chapter govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and dis…

524.4-301 JURISDICTION BY ACT OF FOREIGN PERSONAL REPRESENTATIVE. A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing certified or authenticated copies of the appointment as pr…

524.4-302 JURISDICTION BY ACT OF DECEDENT. In addition to jurisdiction conferred by section 524.4-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior t…

524.4-303 SERVICE ON FOREIGN AND NONRESIDENT PERSONAL REPRESENTATIVES. (a) Service of process may be made upon a foreign personal representative and a nonresident personal representative appointed in this state by registered or certified mail, addressed to the last reasonably asc…

524.4-401 EFFECT OF ADJUDICATION FOR OR AGAINST PERSONAL REPRESENTATIVE. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a…

524.5-101 SHORT TITLE. Sections 524.5-101 to 524.5-502 may be cited as the Uniform Guardianship and Protective Proceedings Act. History: 2003 c 12 art 1 s 1

524.5-102 DEFINITIONS. § Subdivision 1.Scope. As used in sections 524.5-101 to 524.5-502, the terms defined in this section have the meanings given them. § Subd. 1a.ABLE account. "ABLE account" means an Achieving a Better Life Experience Act of 2014 account under section 529A of …

524.5-103 SUPPLEMENTAL GENERAL PRINCIPLES OF LAW APPLICABLE. Unless displaced by the particular provisions of this article, the principles of law and equity supplement its provisions. History: 2003 c 12 art 1 s 3

524.5-104 FACILITY OF TRANSFER. (a) A person who may transfer money or personal property to a minor may do so, as to an amount or value not exceeding the amount allowable as a tax exclusion gift under section 2503(b) of the Internal Revenue Code or a different amount that is appr…

524.5-106 SUBJECT-MATTER JURISDICTION. This article applies to, and the court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in this state, protective proceedings for individuals domiciled in or having property located in this sta…

524.5-107 TRANSFER OF JURISDICTION. (a) Following the appointment of a guardian or conservator or entry of another protective order, the court making the appointment or entering the order may transfer the proceeding to a court or another county in this state or in the case of a m…

524.5-108 VENUE. (a) Venue for a guardianship proceeding for a minor is in the county of this state in which the minor resides or is present at the time the proceeding is commenced. (b) Venue for a guardianship proceeding for an incapacitated person is in the county of this state…

524.5-109 PRACTICE IN COURT. (a) Except as otherwise provided in this article, the Rules of Civil Procedure, including the rules concerning appellate review, govern proceedings under this article. (b) If guardianship and protective proceedings as to the same individual are commen…

524.5-110 LETTERS OF OFFICE. The court shall issue appropriate letters of guardianship upon the guardian's filing of an acceptance of office. The court shall issue appropriate letters of conservatorship upon the conservator's filing of an acceptance of office and any required bon…

524.5-111 EFFECT OF ACCEPTANCE OF APPOINTMENT. By accepting appointment as guardian or conservator, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or delive…

524.5-112 TERMINATION OF OR CHANGE IN GUARDIAN'S OR CONSERVATOR'S APPOINTMENT. (a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignat…

524.5-113 NOTICE. (a) Except for notice for which specific requirements are otherwise provided in this article or as otherwise ordered by the court for good cause, notice of a hearing on a petition is required for all petitions in the manner prescribed by this section. The petiti…

524.5-114 WAIVER OF NOTICE. A person may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. However, a respondent, person subject to guardianship, or person subject to conservatorship may not waive notice. History: 2003 c 12 art 1…

524.5-115 GUARDIAN AD LITEM. At any stage of a proceeding, a court may appoint a guardian ad litem if the court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to repres…

524.5-117 MULTIPLE APPOINTMENTS OR NOMINATIONS. If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls. History: 2003 c 12 art 1 s 15

524.5-118 MALTREATMENT AND STATE LICENSING AGENCY CHECKS; CRIMINAL HISTORY CHECK. § Subdivision 1.When required; exception. (a) The court shall require maltreatment and state licensing agency checks and a criminal history check under this section: (1) before the appointment of a …

524.5-119 CENTRAL REGISTRATION OF GUARDIANS AND CONSERVATORS; APPROPRIATION. (a) By July 1, 2013, the Supreme Court shall establish a statewide registration system under which guardians and conservators appointed under sections 524.5-101 to 524.5-502 must register with the state …

524.5-120 BILL OF RIGHTS FOR PERSONS SUBJECT TO GUARDIANSHIP OR CONSERVATORSHIP. The person subject to guardianship or person subject to conservatorship retains all rights not restricted by court order and these rights must be enforced by the court. These rights include the right…

524.5-121 BILL OF PARTICULARS. (a) When a bill of particulars is required to be filed under this chapter, it shall be filed pursuant to a form approved by the court. In the absence of a court form, a bill of particulars shall specify the confidential or nonpublic information with…

524.5-201 APPOINTMENT AND STATUS OF GUARDIAN. A person becomes a guardian of a minor by parental appointment, by designation of a standby guardian pursuant to chapter 257B, or upon appointment by the court. The guardianship continues until terminated, without regard to the locati…

524.5-2011 COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT. Proceedings under this chapter concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 …

524.5-202 PARENTAL APPOINTMENT OF GUARDIAN. (a) A guardian may be appointed by will, by designation of a standby guardian pursuant to chapter 257B, or by other signed writing executed in the same manner as a health care directive under chapter 145C by a parent for any minor child…

524.5-203 OBJECTION BY MINOR OR OTHERS TO PARENTAL APPOINTMENT. Until the court has confirmed an appointee under section 524.5-202, a minor who is the subject of an appointment by a parent and who has attained 14 years of age, the other parent, or a person other than a parent or …

524.5-204 JUDICIAL APPOINTMENT OF GUARDIAN: CONDITIONS FOR APPOINTMENT. (a) The court may appoint a guardian for a minor if the court finds the appointment is in the minor's best interest, and: (i) both parents are deceased; or (ii) all parental rights have been terminated by cou…

524.5-205 JUDICIAL APPOINTMENT OF GUARDIAN: PROCEDURE. (a) A person interested in the welfare of a minor may petition for appointment of a guardian. (b) After a petition is filed, the court shall set a date for hearing, and the petitioner shall give notice of the time and place f…

524.5-206 JUDICIAL APPOINTMENT OF GUARDIAN: PRIORITY OF MINOR'S NOMINEE, LIMITED GUARDIANSHIP. (a) The court shall appoint as guardian a person whose appointment will be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor has a…

524.5-207 POWERS AND DUTIES OF GUARDIAN. § Subdivision 1.General statement. A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the minor and unemancipated child, except that a guardian is not legally obligated to provide …

524.5-209 RIGHTS AND IMMUNITIES OF GUARDIAN. (a) A guardian of a minor person subject to guardianship is entitled to reasonable compensation for services as guardian and to reimbursement for expenditures made on behalf of the person subject to guardianship, in a manner consistent…

524.5-210 TERMINATION OF GUARDIANSHIP; OTHER PROCEEDINGS AFTER APPOINTMENT. (a) A guardianship of a minor terminates upon the minor's death, adoption, emancipation, attainment of majority, or as ordered by the court. (b) A person subject to guardianship or an interested person ma…

524.5-211 DELEGATION OF POWER BY PARENT OR GUARDIAN. (a) A parent, legal custodian, or nonprofessional guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding …

524.5-301 APPOINTMENT AND STATUS OF GUARDIAN. A person becomes a guardian of an incapacitated person by a parental or spousal appointment or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or person subjec…

524.5-302 APPOINTMENT OF GUARDIAN BY WILL OR OTHER WRITING. (a) A parent, by will or other signed writing executed in the same manner as a health care directive pursuant to chapter 145C, may appoint a guardian for an unmarried child who the parent believes is an incapacitated per…

524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION. (a) An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a guardian, limited or unlimited in duration or power, for th…