HF 5225

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 11:53am

A bill for an act
relating to civil law; establishing a task force on guardianship; providing
appointments; requiring a report.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. LEGISLATIVE TASK FORCE ON GUARDIANSHIP.

Subdivision 1.

Membership.

(a) The Legislative Task Force on Guardianship consists
of the following members:

(1) one member of the house of representatives appointed by the speaker of the house
of representatives;

(2) one member of the house of representatives appointed by the minority leader of the
house of representatives;

(3) one member of the senate appointed by the senate majority leader;

(4) one member of the senate appointed by the senate minority leader;

(5) one judge who has experience working on guardianship cases appointed by the chief
justice of the supreme court;

(6) two individuals presently or formerly under guardianship or emergency guardianship
appointed by the Minnesota Council on Disability;

(7) one private, professional guardian appointed by the Minnesota Council on Disability;

(8) one private, nonprofessional guardian appointed by the Minnesota Council on
Disability;

(9) one representative of the Department of Human Services with knowledge of public
guardianship issues appointed by the commissioner of human services;

(10) one member appointed by the Minnesota Council on Disability;

(11) two members of two different disability advocacy organizations selected by the
Minnesota Council on Disability;

(12) one member of a professional or advocacy group representing the interests of the
guardian who has experience working in the judicial system on guardianship cases appointed
by the Minnesota Council on Disability;

(13) one member of a professional or advocacy group representing the interests of persons
subject to guardianship who has experience working in the judicial system on guardianship
cases appointed by the Minnesota Council on Disability;

(14) two members of two different advocacy groups representing the interests of older
Minnesotans who are or may find themselves subject to guardianship selected by the
Minnesota Council on Disability;

(15) one member appointed by the Minnesota Indian Affairs Council appointed by the
executive director of the council;

(16) one member of the Commission of the Deaf, Deafblind, and Hard-of-Hearing
appointed by the executive director of the commission;

(17) one member of the Council on Developmental Disabilities appointed by the executive
director of the council;

(18) one member as an employee of the Office of Ombudsman for Mental Health and
Developmental Disabilities appointed by the ombudsman;

(19) one member as an employee of the Office of Ombudsman for Long Term Care
appointed by the ombudsman;

(20) one member appointed by the Minnesota Association of County Social Services
Administrators (MACSSA);

(21) one member as an employee of the Olmstead Implementation Office appointed by
the executive director of the office; and

(22) one member representing an organization that is dedicated to supported decision
making alternatives to guardianship appointed by the Minnesota Council on Disability.

(b) Appointees to the task force must be named by each appointing authority by June
30, 2025. Appointments made by an agency or commissioner may also be made by a
designee.

(c) The member from the Minnesota Council on Disability serves as chair of the task
force. The chair must designate a member to serve as secretary.

Subd. 2.

Meetings; administrative support.

The first meeting of the task force must
be convened no later than September 1, 2025, if an appropriation is made by that date for
the task force. The task force must meet at least quarterly thereafter. Meetings are subject
to Minnesota Statutes, chapter 13D. The task force may meet by telephone or interactive
technology consistent with Minnesota Statutes, section 13D.015. The Minnesota Council
on Disability shall provide meeting space and administrative and research support to the
task force.

Subd. 3.

Duties.

(a) The task force must make recommendations to address concerns
and gaps related to guardianships and less restrictive alternatives to guardianships in
Minnesota, including but not limited to:

(1) developing efforts to sustain and increase the number of qualified guardians;

(2) increasing compensation for in forma pauperis (IFP) guardians by studying current
funding streams to develop approaches to ensure that the funding streams are consistent
across the state and sufficient to serve the needs of persons subject to guardianship;

(3) securing ongoing funding for guardianships and less restrictive alternatives;

(4) exploring guardian certification or licensure;

(5) identifying standards of practice for guardians and options for providing education
to guardians on standards and less restrictive alternatives;

(6) securing ongoing funding for the guardian and conservator administrative complaint
process;

(7) identifying and understanding alternatives to guardianship whenever possible to meet
the needs of patients and the challenges of providers in the delivery of health care, behavioral
health care, and residential and home-based care services;

(8) expanding supported decision making alternatives to guardianships and
conservatorships;

(9) reducing the removal of civil rights when appointing a guardian, including by ensuring
guardianship is only used as a last resort; and

(10) identifying ways to preserve and to maximize the civil rights of the person, including
due process considerations.

(b) The task force must seek input from the public, the judiciary, people subject to
guardianship, guardians, advocacy groups, and attorneys. The task force must hold hearings
to gather information to fulfill the purpose of the task force.

Subd. 4.

Compensation; expenses.

Members of the task force may receive compensation
and expense reimbursement as provided in Minnesota Statutes, section 15.059, subdivision
3.

Subd. 5.

Report; expiration.

The task force shall submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over guardianship
issues no later than December 31, 2026. The report must describe any concerns about the
current guardianship system identified by the task force and recommend policy options to
address those concerns and to promote less restrictive alternatives to guardianship. The
report must include draft legislation to implement recommended policy.

Subd. 6.

Expiration.

The task force expires upon submission of its report, or June 1,
2025, if money is not appropriated during the 2025 legislative session for the task force.

Subd. 7.

Contingent upon 2025 funding by legislature.

The task force established by
this section is contingent upon the legislature appropriating money for the task force in
substantially similar form in the 2025 legislative session.

EFFECTIVE DATE.

This section is effective the day following final enactment.