1998 Minnesota Statutes

     252A.07 Filing of comprehensive evaluation. 

    Subdivision 1.    With petition.  When a petition is 
 brought by the commissioner or local agency, a copy of the 
 comprehensive evaluation shall be filed with the petition.  If a 
 petition is brought by a person other than the commissioner or 
 local agency and a comprehensive evaluation has been prepared 
 within a year of the filing of the petition, the local agency 
 shall forward a copy of the comprehensive evaluation to the 
 court upon notice of the filing of the petition.  If a 
 comprehensive evaluation has not been prepared within a year of 
 the filing of the petition, the local agency, upon notice of the 
 filing of the petition, shall arrange for a comprehensive 
 evaluation to be prepared and forwarded to the court within 90 
 days. 

    Subd. 2.    Copies.  A copy of the comprehensive 
 evaluation shall be made available by the court to the proposed 
 ward, the proposed ward's counsel, the county attorney, the 
 attorney general and the petitioner. 

    Subd. 3.    Evaluation required; exception.  No action 
 for the appointment of a public guardian may proceed to hearing 
 unless a comprehensive evaluation has been first filed with the 
 court; provided, however, that an action may proceed and a 
 guardian appointed if the director of the local agency 
 responsible for conducting the comprehensive evaluation has 
 filed an affidavit that the proposed ward refused to participate 
 in the comprehensive evaluation and the court finds on the basis 
 of clear and convincing evidence that the proposed ward is 
 mentally retarded and in need of the supervision and protection 
 of a guardian. 

    HIST: 1975 c 208 s 7; 1977 c 415 s 3; 1986 c 444; 1987 c 185 
 art 1 s 18,19