Title Minnesota Statutes, Minnesota Statutes

524.5-310 FINDINGS; ORDER OF APPOINTMENT. (a) The court may appoint a guardian, limited or unlimited in duration or power, for a respondent only if it finds by clear and convincing evidence that: (1) the respondent is an incapacitated person; and (2) the respondent's identified n…

524.5-311 EMERGENCY GUARDIAN. (a) If the court finds that compliance with the procedures of this article will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circums…

524.5-312 TEMPORARY SUBSTITUTE GUARDIAN. (a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the person subject to guardianship requires immediate action, it may appoint a temporary substitute guardian for the person …

524.5-313 POWERS AND DUTIES OF GUARDIAN. (a) A guardian shall be subject to the control and direction of the court at all times and in all things. (b) The court shall grant to a guardian only those powers necessary to provide for the demonstrated needs of the person subject to gu…

524.5-315 RIGHTS AND IMMUNITIES OF GUARDIAN; LIMITATIONS. (a) A guardian 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 with section 524.5-502. (b) …

524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT ORDERS. (a) A guardian shall report to the court in writing on the condition of the person subject to guardianship at least annually and whenever ordered by the court. A copy of the report must be provided to the person subject…

524.5-317 TERMINATION OR MODIFICATION OF GUARDIANSHIP; COURT ORDERS. (a) A guardianship terminates upon the death of the person subject to guardianship, upon the expiration of the duration of guardianship established in the order appointing the guardian, or upon order of the cour…

524.5-401 PROTECTIVE PROCEEDING. Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of: (1) a minor, if the court determines that the m…

524.5-402 JURISDICTION OVER BUSINESS AFFAIRS OF PERSON SUBJECT TO CONSERVATORSHIP. After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) exclusive …

524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER. (a) The following may petition for the appointment of a conservator or for any other appropriate protective order: (1) the person to be protected; (2) an individual interested in the estate, affairs, or welfare of t…

524.5-404 NOTICE. (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent pursuant to section 524.5-406, paragraph (d), but if the respondent's location is unknown or personal ser…

524.5-405 ORIGINAL PETITION: MINORS; PRELIMINARIES TO HEARING. (a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any st…

524.5-406 ORIGINAL PETITION: PERSONS UNDER DISABILITY; PRELIMINARIES TO HEARING. (a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing and the court may appoi…

524.5-408 CONSERVATORSHIP PROCEEDINGS: PROCEDURE AT HEARING. (a) Unless excused by the court for good cause, the petitioner and the proposed conservator shall attend the hearing. The respondent shall attend and participate in the hearing unless excused by the court for good cause…

524.5-409 FINDINGS; ORDER OF APPOINTMENT. § Subdivision 1.Limited or unlimited conservator. (a) The court may appoint a limited or unlimited conservator for a respondent only if it finds that: (1) by clear and convincing evidence, the individual is unable to manage property and b…

524.5-410 POWERS OF COURT. (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has the following powers, which may be exercised directly or through a conservator: (1) with respect to a minor for reasons of age, all…

524.5-411 REQUIRED COURT APPROVAL. (a) After notice to affected persons as provided in this section, and after hearing, and upon express authorization of the court, a conservator may: (1) make gifts; (2) convey, release, or disclaim contingent and expectant interests in property,…

524.5-412 PROTECTIVE ARRANGEMENTS AND SINGLE TRANSACTIONS. (a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: (1) authorize, direct, or ratify any transaction necessary or desirable to achieve any …

524.5-413 WHO MAY BE CONSERVATOR; PRIORITIES. (a) Except as otherwise provided in paragraph (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (1) a conservator, guardian of the estate, or other like fiducia…

524.5-414 PETITION FOR ORDER SUBSEQUENT TO APPOINTMENT. (a) A person subject to conservatorship or an interested person may file a petition in the appointing court for an order: (1) requiring bond or collateral or additional bond or collateral, or reducing bond; (2) requiring an …

524.5-415 BOND. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. A bond is not required for any conservator that is a bank or trust company provided th…

524.5-416 TERMS AND REQUIREMENTS OF BOND. (a) The following rules apply to any bond required: (1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable. (2) By executing the bond of a conservator, a surety submits to …

524.5-417 GENERAL POWERS AND DUTIES OF CONSERVATOR. (a) A conservator shall be subject to the control and direction of the court at all times and in all things. (b) The court shall grant to a conservator only those powers necessary to provide for the demonstrated needs of the per…

524.5-418 GENERAL POWERS AND DUTIES OF CONSERVATOR WITH RESPECT TO REAL PROPERTY. This section is applicable only to conservatorships and not to decedents' estates. As used in this section, the word "mortgage" includes an extension of an existing mortgage, subject to the provisio…

524.5-419 INVENTORY; RECORDS. (a) Within 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete…

524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING; COURT ORDERS. (a) A conservator shall report to the court for administration of the estate annually unless the court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times …

524.5-421 TITLE AFTER APPOINTMENT. (a) The appointment of a conservator does not vest title of the property of the person subject to conservatorship in the conservator. (b) Letters of conservatorship are evidence of the conservator's power to act on behalf of the person subject t…

524.5-422 INTEREST OF PERSON SUBJECT TO CONSERVATORSHIP NONALIENABLE. (a) Except as otherwise provided in paragraphs (c) and (d), the interest of a person subject to conservatorship in property is not transferable or assignable by the person subject to conservatorship. An attempt…

524.5-423 SALE, ENCUMBRANCE, OR OTHER TRANSACTION INVOLVING CONFLICT OF INTEREST. Any transaction involving the conservatorship estate which is affected by a conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expressly author…

524.5-424 PROTECTION OF PERSON DEALING WITH CONSERVATOR. (a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 524.5-410 or 524.5-411 is protected as though the conservator properly…

524.5-426 DELEGATION. (a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent person of comparable skills may delegate under similar circums…

524.5-427 PRINCIPLES OF DISTRIBUTION BY CONSERVATOR. (a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or principal of the estate of the person subject to conservatorship without fu…

524.5-428 DEATH OF PERSON SUBJECT TO CONSERVATORSHIP. (a) If a person subject to conservatorship dies, the conservator shall deliver to the court for safekeeping any will of the deceased person subject to conservatorship which may have come into the conservator's possession, info…

524.5-429 CLAIMS AGAINST PERSON SUBJECT TO CONSERVATORSHIP. (a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the person subject to conservatorship arising before or during the conservatorship upon their presentation an…

524.5-430 PERSONAL LIABILITY OF CONSERVATOR. (a) Except as otherwise agreed, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the…

524.5-431 TERMINATION OF PROCEEDINGS. (a) A conservatorship terminates upon the death of the person subject to conservatorship or upon order of the court. Unless created for reasons other than that the person subject to conservatorship is a minor, a conservatorship created for a …

524.5-432 PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDING. (a) A person who is indebted to or has the possession of tangible or intangible property of a person subject to conservatorship may pay the debt or deliver the property to a foreig…

524.5-433 FOREIGN CONSERVATOR: PROOF OF AUTHORITY; BOND; POWERS. If a conservator has not been appointed in this state and a petition in a protective proceeding is not pending in this state, a conservator appointed in the state in which the person subject to conservatorship resid…

524.5-501 MS 1982 [Repealed, 1984 c 603 s 29] 524.5-501 GUARDIANSHIP, CONSERVATORSHIP; WORKERS' COMPENSATION PROCEEDINGS. (a) When a matter is referred under section 176.092, subdivision 3, the court shall determine whether the employee or dependent is a minor or an incapacitated…

524.5-502 MS 1982 [Repealed, 1984 c 603 s 29] 524.5-502 COMPENSATION AND EXPENSES. (a) The court may authorize a proceeding under this article to proceed in forma pauperis, as provided in chapter 563. (b) In proceedings under this article, a lawyer or health professional renderin…

524.5-601 SHORT TITLE. Sections 524.5-601 to 524.5-903 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act." History: 2009 c 46 s 2

524.5-602 DEFINITIONS. (a) The definitions in this section apply to sections 524.5-602 to 524.5-903. (b) "Adult" means an individual who has attained 18 years of age. (c) "Conservator" means a person appointed by the court to administer the property of an adult, including a perso…

524.5-603 INTERNATIONAL APPLICATION. A court of this state may treat a foreign country as if it were a state for the purpose of applying sections 524.5-601 to 524.5-903. History: 2009 c 46 s 4

524.5-604 COMMUNICATION BETWEEN COURTS. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under sections 524.5-601 to 524.5-903. The court may allow the parties to participate in the communication. Except as otherwise provided…

524.5-605 COOPERATION BETWEEN COURTS. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any one or more of the following: (1) hold an evidentiary hearing; (2) order a person in that state t…

524.5-606 TAKING TESTIMONY IN ANOTHER STATE. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testi…