2000 Minnesota Statutes

CHAPTER 525. Probate proceedings

  525.01 Renumbered 487.01 

  525.0105 Repealed, 1971 c 951 s 44 

     525.011 Civil and criminal jurisdiction. 

    Subdivision 1.  Except in the counties of Hennepin and 
 Ramsey the probate court shall also exercise the powers, duties 
 and jurisdiction conferred upon courts by chapters 487 and 492. 

    Subd. 2.  The county board of a county in which additional 
 powers, duties and jurisdictions are conferred upon the probate 
 court by subdivision 1, shall provide and furnish to the probate 
 court such supplies, equipment and personnel as may be necessary 
 for the purposes of the subdivision.  

    Subd. 3.  The court administrator of the probate court of a 
 county in which additional powers, duties and jurisdictions are 
 conferred upon probate court by subdivision 1 shall exercise 
 such powers and duties as the probate judge may direct in order 
 to enable the probate court to carry out the provisions of 
 subdivision 1.  

    HIST: 1959 c 494 s 1; 1971 c 166 s 1; 1979 c 41 s 7; 1Sp1986 c 
 3 art 1 s 82; 1995 c 186 s 97 

     525.012 Fees, fines, and costs.  

    Subdivision 1.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 2.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 3.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 4.  Repealed, 1989 c 335 art 3 s 57 subd 2 

    Subd. 5.  The court administrator shall pay such fees and 
 mileage to witnesses as may be ordered by the probate judge in 
 any action or proceeding involving a charged violation of 
 criminal law or municipal ordinance.  The court administrator 
 shall obtain receipts therefor as vouchers for the sums paid and 
 shall deduct these payments from the amounts otherwise due the 
 officers to whom the court administrator is required to pay 
 fees, costs, and fines.  If the court administrator is without 
 funds to make the payments required by this subdivision, the 
 witnesses shall be paid, upon certification by the court 
 administrator, by the city whose municipal ordinance, charter 
 provision, rule, or regulation is involved in the proceeding, 
 and in other cases by the county in which the court is 
 situated.  No witness fees under this subdivision shall be paid 
 in advance.  No public officer or employee shall be paid any 
 witness fees when called upon to testify in a matter resulting 
 from public employment.  

    HIST: 1959 c 494 s 2; 1973 c 123 art 5 s 7; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     525.013 Jury trials. 

    Subdivision 1.  Except as otherwise provided in chapter 
 487, the laws relating to jury trials in the district court 
 apply to jury trials in a probate court under sections 525.011 
 to 525.015. 

    Subd. 2.  Repealed, 1977 c 201 s 2 

    Subd. 2a.  Petit jurors for the trial of all types of 
 action shall be selected in the same manner as petit jurors are 
 selected in district court. 

    Subd. 3.  Repealed, 1977 c 201 s 2 

    Subd. 4.  Petit jurors shall be drawn from the list of 
 persons properly qualified.  The court administrator of probate 
 court shall issue a venire for the jurors drawn which shall be 
 returnable on such dates and hours as the judge directs.  No 
 person shall be drawn as a juror more than once every two years. 

    Subd. 5.  When necessary, the court may issue a special 
 venire. 

    Subd. 6.  Failure to attend as a juror when duly drawn and 
 summoned is punishable as contempt of court. 

    Subd. 7.  Jurors shall be paid by the county in which the 
 court is situated the same compensation and mileage as 
 prescribed by law for jurors in the district court.  The court 
 administrator of probate court shall deliver to each juror a 
 certificate showing the number of days of service and the 
 mileage for which the juror is entitled to receive 
 compensation.  This certificate shall be filed with the county 
 auditor in which the court is situated and the amount due shall 
 be paid from the treasury of such county.  The certificate is a 
 proper and sufficient voucher for the issuance of a warrant.  
 Any juror regularly summoned who actually attends at the time 
 named in such summons is entitled to per diem and mileage 
 whether or not sworn as a juror. 

    Subd. 8.  Whenever a petit jury is desired by a party to a 
 proceeding in probate court under sections 525.011 to 525.015, 
 and such jury is permitted by law, such party shall request such 
 jury, in writing, when the case is set for trial and pay the 
 fees prescribed by chapter 487.  The court, by order, may waive 
 the payment of jury fees in a criminal case if it appears that 
 the defendant is unable to make such payment. 

    HIST: 1959 c 494 s 3; 1977 c 201 s 1; 1979 c 41 s 8,9; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82 

     525.014 Pleading, practice, procedure, and appeals. 

    Subdivision 1.  Pleading, practice, procedure, and the 
 forms thereof in civil actions shall be the same in probate 
 court as in the county court under chapter 487. 

    Subd. 2.  Appeals from any judgment of a probate court 
 exercising the powers, duties, and jurisdiction in certain civil 
 and criminal cases under sections 525.011 to 525.015, shall be 
 made in the same manner as in the county courts under chapter 
 487. 

    HIST: 1959 c 494 s 4; 1961 c 238 s 1; 1979 c 41 s 10 

     525.015 Judgments.  

    No judgment of a probate court under sections 525.011 to 
 525.015 shall be a lien upon the real estate until a transcript 
 thereof is filed and docketed with the court administrator of 
 the district court.  If no execution thereon be outstanding, the 
 judgment creditor may cause such transcript to be docketed in 
 the same county, and thereafter execution may issue from either 
 court.  The court administrator with whom the transcript is so 
 filed may issue transcripts to be filed and docketed in other 
 counties, as in the case of a judgment originally rendered in 
 the court administrator's court.  When docketed as herein 
 provided, the judgment shall have the same force and effect in 
 all respects as the judgment of the district court.  

    HIST: 1959 c 494 s 5; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     525.02 Powers.  

    In addition to its general powers, the court shall have 
 power to correct, modify, vacate, or amend its records, orders 
 and decrees: 

    (a) At any time, for the correction of clerical error or 
 pursuant to the provisions of section 524.3-413.  

    (b) Within the time for taking an appeal, for the 
 correction of judicial error; 

    (c) Within two years after petitioner's discovery thereof, 
 for fraud, whether intrinsic or extrinsic, or misrepresentation 
 unless petitioner be a party to such fraud; 

    (d) Within two years after the date of filing of any 
 record, order or decree, for excusable neglect, inadvertence or 
 mistake. 

    In any case, the petitioner must proceed with due diligence 
 and may be barred by laches or the court may deny relief where 
 it appears that the granting thereof would be inequitable in 
 view of all the facts and circumstances appearing.  

    HIST: (8992-2) 1935 c 72 s 2; 1965 c 563 s 1; 1975 c 347 s 81 

     525.03 Records. 

    The court shall keep the following records: 

    (1) An index to the court records, in which all proceedings 
 shall be entered in alphabetical order under the name of the 
 subject person, together with the case number and the date of 
 the filing of the first document; 

    (2) A register, in which shall be entered the title of each 
 proceeding, the case number and a listing of each document filed 
 with the date of the filing.  

    HIST: (8992-3) 1935 c 72 s 3; 1937 c 435 s 1,2; 1959 c 100 s 
 1; 1975 c 347 s 82; 1982 c 592 s 2 

     525.031 Fees for copies. 

    The fees for copies of all documents shall be the same as 
 the fee established for such copies on civil proceedings under 
 section 357.021, subdivision 2. 

    HIST: (8992-4) 1935 c 72 s 4; 1967 c 128 s 1; 1986 c 442 s 13 

     525.033 Fees for filing petitions. 

    The district court shall collect a fee as established by 
 section 357.021, subdivision 2, clause (1), for filing a 
 petition to commence a proceeding under this chapter and chapter 
 524.  The fee for copies of all documents in probate proceedings 
 must be the same as the fee established for certified copies in 
 civil proceedings under section 357.021, subdivision 2.  Fees 
 collected under this section and section 525.031 must be 
 forwarded to the state treasurer for deposit in the state 
 treasury and credited to the general fund. 

    HIST: 1978 c 730 s 3; 1986 c 442 s 14; 1987 c 11 s 1; 1989 c 
 335 art 3 s 35; 1995 c 189 s 8; 1996 c 277 s 1 

  525.04 Repealed, 1Sp1981 c 4 art 3 s 8 

     525.041 Written decision shall be filed within 90 days; 
  mandatory.  

    The decision of every issue of law or fact shall be in 
 writing and shall be filed within 90 days after submission 
 unless prevented by illness or casualty.  

    Upon the filing of any appealable order, judgment, or 
 decree, except in uncontested matters or where the final 
 decision was announced at the hearing, the court shall give 
 notice by mail of such filing to each party, or the attorney, 
 who appeared of record at the hearing.  

    HIST: (8992-6) 1935 c 72 s 6; 1967 c 317 s 1; 1986 c 444 

     525.05 Judge or referee; grounds for disqualification. 

    The following shall be grounds for disqualification of any 
 judge or referee from acting in any matter:  (1) That the judge 
 or the judge's spouse or any of either of their kin nearer than 
 first cousin is interested as representative, heir, devisee, 
 legatee, ward, or creditor in the estate involved therein; (2) 
 that it involves the validity or interpretation of a will drawn 
 or witnessed by the judge; (3) that the judge may be a necessary 
 witness in the matter; (4) that it involves a property right in 
 respect to which the judge has been engaged or is engaged as an 
 attorney; or (5) that the judge was engaged in a joint 
 enterprise for profit with the decedent at the time of death or 
 that the judge is then engaged in a joint enterprise for profit 
 with any person interested in the matter as representative, 
 heir, devisee, legatee, ward, or creditor.  When grounds for 
 disqualification exist, the judge may, and upon proper petition 
 of any person interested in the estate must, request another 
 judge or a judge who has retired as provided in section 490.12, 
 subdivision 2, to act in the judge's stead in the matter. 

    HIST: (8992-7) 1935 c 72 s 7; 1961 c 6 s 1; 1981 c 31 s 12; 
 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1 

     525.051 Temporary assignment of judges.  

    Whenever by reason of disqualification, absence, illness, 
 incapacity or other cause, the probate judge of any county is 
 unable to act, or whenever the interest of the public or of any 
 person interested in any matter requires that such probate judge 
 should not act, any other probate judge, or probate judge who 
 has retired as a probate judge, and who consents so to act, may 
 be assigned to serve and discharge the duties of such probate 
 judge in the judge's stead at such times or for such purposes as 
 may be directed by order of such probate judge or in the event 
 of death or refusal, failure, or inability so to order as 
 determined by the chief judge of the district court of the 
 judicial district in which the county is situated, by order of 
 such chief judge.  Any probate judge or retired probate judge 
 temporarily assigned to serve and discharge the duties of the 
 probate judge in such other county shall be reimbursed for all 
 reasonable and necessary mileage and expenses and may, when so 
 ordered by such chief judge, be paid such additional 
 compensation as such chief judge shall fix, but in no event 
 shall any compensation so paid exceed the rate of compensation 
 prescribed by law as the salary of the probate judge in the 
 county in which said probate judge or retired probate judge is 
 temporarily assigned.  It shall be the duty of the county to 
 which a probate judge or retired probate judge is temporarily 
 assigned to make payment to such probate judge or retired 
 probate judge of all amounts due under the provisions hereof for 
 mileage, expenses or compensation.  

    Any substitute judge while acting in such capacity shall 
 have all the power, authority, and jurisdiction of the resident 
 judge, including juvenile, municipal or other jurisdiction 
 conferred by law, irrespective of the nature of the jurisdiction 
 of the substitute judge in the county from which called to serve.

    HIST: (8992-8) 1935 c 72 s 8; Ex1959 c 60 s 1; 1961 c 267 s 1; 
 1986 c 444 

     525.052 Insanity of judge.  

    When a verified petition of five voters of any county is 
 presented to a judge of the district court stating that the 
 probate judge of such county is insane and incapacitated to act 
 by reason of mental disability, such district judge shall 
 examine into such alleged insanity or mental disability in the 
 manner provided by law for examinations of insane persons by 
 probate judges.  If, upon the examination, such probate judge is 
 found to be insane or incapacitated to act by reason of mental 
 disability, the district judge shall certify such findings to 
 the governor, who shall thereupon declare the office of such 
 probate judge vacant and fill the same by appointment.  

    HIST: (8992-9) 1935 c 72 s 9 

     525.053 Delivery to successor.  

    When the term of office of any judge expires, the judge 
 shall deliver to the successor all books, records, and papers in 
 the judge's possession relating to that office.  Upon failure to 
 do so within five days after demand by the successor, the judge 
 shall be guilty of a gross misdemeanor.  

    HIST: (8992-10) 1935 c 72 s 10; 1986 c 444 

     525.06 Annual assemblage. 

    The judges of the probate courts shall assemble each year 
 at such places and times as may be designated by the probate 
 judges' according to rule governing their meetings, and any 30 
 of them constitute a quorum. 

    HIST: (8992-11) 1935 c 72 s 11; 1967 c 317 s 2; 1987 c 377 s 
 11 

     525.07 Acting as counsel prohibited.  

    No judge, referee, registrar, court administrator, deputy 
 court administrator, or employee of any court, or the law 
 partner of any of them, shall be counsel or attorney in any 
 action or proceedings for or against any devisee, legatee, heir, 
 creditor, representative, or ward over whom, or whose estate, 
 claim, or accounts such court has jurisdiction.  Except in 
 matters relating to commitments, none of them shall give counsel 
 or advice, or draw or prepare any paper relating to any matter 
 which is or may be brought before such court, except orders, 
 judgments, decrees, executions, warrants, certificates, or 
 subpoenas issuing out of such court.  No judge, referee, 
 registrar, or court administrator shall keep or hold official 
 office with any practicing attorney.  

    HIST: (8992-12) 1935 c 72 s 12; 1975 c 347 s 83; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     525.08 Salaries.  

    The salaries of the judges, referees, registrars, court 
 administrators, reporters, and employees shall be as provided by 
 law, but the salaries of the registrars, court administrators 
 and employees shall be fixed by the judge within the budget 
 approved by the board of county commissioners, subject to the 
 provisions of section 382.265.  

    HIST: (8992-13) 1935 c 72 s 13; 1967 c 317 s 3; 1975 c 347 s 
 84; 1Sp1986 c 3 art 1 s 82 

     525.081 Practice of law; appraisals. 

    Subdivision 1.  Repealed, 1977 c 432 s 49 

    Subd. 2.  Repealed, 1977 c 432 s 49 

    Subd. 3.  Repealed, 1977 c 432 s 49 

    Subd. 4.  Repealed, 1977 c 432 s 49 

    Subd. 5.  Repealed, 1977 c 432 s 49 

    Subd. 6.  Repealed, 1977 c 432 s 49 

    Subd. 7.  No judge of the probate court shall practice as 
 an attorney or counselor at law, nor be a partner of any 
 practicing attorney in the business of the judge's profession, 
 nor serve as an appraiser in any estate proceeding. 

    Subd. 8.  Repealed, 1977 c 432 s 49 

    Subd. 9.  Repealed, 1977 c 432 s 49 

    HIST: 1961 c 596 s 1; 1965 c 826 s 1; Ex1967 c 54 s 1; 1969 c 
 1023 s 1-3; 1971 c 81 s 2; 1973 c 654 s 15; 1975 c 271 s 6; 1977 
 c 432 s 44; 1986 c 444 

     525.082 Judicial officers, increase in compensation. 

    Notwithstanding any law to the contrary, or any provision 
 of Laws 1971, chapter 951, the salaries of all judges of probate 
 as provided under section 525.081, subdivisions 1 and 2, who do 
 not become county court judges, but who are eligible to serve 
 out the balance of their term as judicial officers of the county 
 district court as provided in Laws 1971, chapter 951, shall be 
 increased by ten percent of the amount provided for and received 
 by the judge under the provisions of section 525.081, 
 subdivisions 1 and 2, which salary shall be the salary for the 
 balance of the term for which they are elected, and which salary 
 shall determine any retirement and spouse's survivorship to 
 which the judge and the judge's spouse may be entitled to under 
 the laws pertaining thereto. 

    HIST: Ex1971 c 32 s 26 subd 1; 1981 c 31 s 13 

     525.09 Court administrators; appointment; powers.  

    The judge may appoint a court administrator, deputy court 
 administrators, and employees as provided by law, to hold office 
 during the judge's pleasure, who shall perform the duties 
 imposed by law and such judge.  Such appointments shall be in 
 writing and filed in such court.  Before entering upon the 
 duties of office, each court administrator and such deputy court 
 administrators and employees designated by the court shall 
 execute a bond to the state in the amount of $1,000 approved by 
 the county board and conditioned upon the faithful discharge of 
 duties.  Such bond with the oath of the appointee shall be 
 recorded in the office of the county recorder.  The premiums on 
 such bonds and the expenses of such recording and filing shall 
 be paid by the county.  An action may be maintained on such bond 
 by any person aggrieved by the violation of the conditions 
 thereof.  A court administrator or deputy court administrator 
 may take acknowledgments, administer oaths, authenticate, 
 exemplify, or certify copies of instruments, documents, or 
 records of the court, and when so ordered may hear and report to 
 the court the testimony of any witnesses and the interrogatories 
 and objections of counsel. 

    HIST: (8992-14) 1935 c 72 s 14; 1937 c 435 s 4; 1945 c 209 s 
 1; 1973 c 524 s 13; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 art 
 1 s 82 

     525.091 Destruction and reproduction of probate records. 

    Subdivision 1.  The court administrator of any county upon 
 order of the judge exercising probate jurisdiction may destroy 
 all the original documents in any probate proceeding of record 
 in the office five years after the file in such proceeding has 
 been closed provided the original or a Minnesota state archives 
 commission approved photographic, photostatic, 
 microphotographic, microfilmed, or similarly reproduced copy of 
 the original of the following enumerated documents in the 
 proceeding are on file in the office. 

    Enumerated original documents:  

    (a) In estates, the jurisdictional petition and proof of 
 publication of the notice of hearing thereof; will and 
 certificate of probate; letters; inventory and appraisal; orders 
 directing and confirming sale, mortgage, lease, or for 
 conveyance of real estate; order setting apart statutory 
 selection; receipts for federal estate taxes and state estate 
 taxes; orders of distribution and general protection; decrees of 
 distribution; federal estate tax closing letter, consent to 
 discharge by commissioner of revenue and order discharging 
 representative; and any amendment of the listed documents.  

    When an estate is deemed closed as provided in clause (d) 
 of this subdivision, the enumerated documents shall include all 
 claims of creditors.  

    (b) In guardianships or conservatorships, the 
 jurisdictional petition and order for hearing thereof with proof 
 of service; letters; orders directing and confirming sale, 
 mortgage, lease or for conveyance of real estate; order for 
 restoration to capacity and order discharging guardian; and any 
 amendment of the listed documents.  

    (c) In mental, inebriety, and indigent matters, the 
 jurisdictional petition; report of examination; warrant of 
 commitment; notice of discharge from institution, or notice of 
 death and order for restoration to capacity; and any amendment 
 of the listed documents.  

    (d) Except for the enumerated documents described in this 
 subdivision, the court administrator may destroy all other 
 original documents in any probate proceeding without retaining 
 any reproduction of the document.  For the purpose of this 
 subdivision, a proceeding is deemed closed if no document has 
 been filed in the proceeding for a period of 15 years, except in 
 the cases of wills filed for safekeeping and those containing 
 wills of decedents not adjudicated upon.  

    Subd. 2.  The court administrator of any county upon order 
 of the judge may destroy the original record books as enumerated 
 in this subdivision provided a Minnesota state archives 
 commission approved photographic, photostatic, 
 microphotographic, microfilmed, or similarly reproduced copy of 
 the original record book is on file in the office.  

    Enumerated original record books:  

    All record books kept for recording in compliance with 
 section 525.03, clauses (3), (4), (5) and (6).  

    Subd. 3.  A photographic, photostatic, microphotographic, 
 microfilmed, or similarly reproduced record is of the same force 
 and effect as the original and may be used as the original 
 document or book of record in all proceedings.  

    Subd. 4.  This section does not apply to the court of any 
 county until the county board of the county adopts a resolution 
 authorizing the destruction of probate records pursuant to the 
 provisions of this section.  When the county board has complied 
 with this subdivision, section 525.092 and any act amendatory 
 thereof shall no longer apply to the probate court of that 
 county.  

    HIST: 1965 c 883 s 1; 1971 c 484 s 1; 1973 c 582 s 3; 1975 c 
 347 s 85-87; 1979 c 303 art 3 s 35,36; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82; 1995 c 189 s 8; 1996 c 277 s 1 

     525.092 Court administrator may destroy certain papers.  

    Subdivision 1.    Certain vouchers and receipts.  The 
 court administrator of the district court is hereby authorized 
 to destroy all vouchers or receipts filed in estates and 
 guardianship proceedings of record in the office after such 
 estates or guardianships have been closed for a period of 25 
 years, or more, except receipts for any federal or state taxes.  

    Subd. 2.    Certain guardianships excepted.  The 
 provisions of this section shall not apply to guardianships of 
 incompetent or insane persons, nor to guardianships of minors 
 until one year after the minor has become 18 years old.  

    HIST: 1947 c 117 s 1,2; 1949 c 409 s 1; 1951 c 21 s 1; 1973 c 
 725 s 75; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1995 c 189 s 8; 
 1996 c 277 s 1 

  525.094 Repealed, 1965 c 883 s 2 

     525.095 Court administrator may issue orders under 
  direction of the court.  

    The judge may authorize the court administrator or any 
 deputy court administrator to issue orders for hearing petitions 
 for general administration, for the probate of any will, for 
 determination of descent, for sale, lease, mortgage, or 
 conveyance of real estate, for the settlement and allowance of 
 any account, for partial or final distribution, for commitment, 
 orders limiting the time to file claims and fixing the time and 
 place for the hearing thereon, and to issue notice of the entry 
 of any order.  The issuance of any such order or notice by the 
 court administrator or deputy court administrator shall be prima 
 facie evidence of authority to issue it.  

    HIST: (8992-15) 1935 c 72 s 15; 1937 c 435 s 5; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     525.10 Referee; appointment; bond; office abolished. 

    Subdivision 1.    Office abolished.  The office of 
 referee is abolished.  No vacancy in the office of referee shall 
 be filled, nor new office created.  

    Subd. 2.    Incumbents.  Persons holding the office of 
 referee on June 30, 1980, in the second and August 15, 1980, in 
 the fourth judicial district may continue to serve at the 
 pleasure of the chief judge of the district under the terms and 
 conditions of their appointment.  All referees are subject to 
 the administrative authority and assignment power of the chief 
 judge of the district as provided in section 484.69, subdivision 
 3, and are not limited to assignment to probate court.  All 
 referees are subject to the provisions of section 484.70.  Part 
 time referees holding office in the second judicial district 
 pursuant to this subdivision shall cease to hold office on July 
 31, 1984.  

    Subd. 3.    Referees.  Each referee in probate court 
 shall be an attorney at law duly admitted in this state.  The 
 appointment shall be in writing and filed in the court.  The 
 referee has the power to take acknowledgments and administer 
 oaths. 

    HIST: (8992-16) 1935 c 72 s 16; 1937 c 435 s 6; 1957 c 212 s 
 1; 1973 c 524 s 14; 1974 c 165 s 1; 1974 c 387 s 1; 1976 c 181 s 
 2; 1981 c 272 s 6 

     525.101 Compensation of referee.  

    Such referee shall receive from the county as compensation 
 $3,600 per annum in counties having more than 500,000 
 inhabitants, payable from the general funds of the county not 
 otherwise appropriated, at the same time and in the same manner 
 and subject to the provisions of law applicable to the 
 compensation of the judge.  The county shall furnish a suitable 
 office in the courthouse or in some other suitable place or 
 places designated by the judge.  The judge may assign to the 
 referee from the court's clerks and employees such clerical help 
 as may be necessary to properly discharge the duties.  

    HIST: (8992-17) 1935 c 72 s 17; 1957 c 212 s 2; 1971 c 471 s 
 1; 1986 c 444 

     525.102 Reference.  

    After such appointment the judge by order may refer to the 
 referee any matter, cause, or proceeding pending in such court.  
 In all matters so referred the referee shall find the facts and 
 report the findings to the judge.  In all matters referred and 
 reported the referee may append the referee's signature to the 
 order or decree of the court; and whenever this signature shall 
 be so appended, it shall constitute conclusive evidence that the 
 matter was referred, heard, and reported in the manner required 
 by law and the order of the court therein, provided that the 
 failure of the referee to append the referee's signature to any 
 such order or decree shall not affect its validity.  

    HIST: (8992-18) 1935 c 72 s 18; 1986 c 444 

     525.103 Delivery of books and records.  

    When the term of office of such referee expires or is 
 terminated, the referee shall deliver to the successor or to the 
 judge all books and papers in the referee's possession relating 
 to the office.  Upon failure to do so within five days after 
 demand by the successor or the judge, the referee shall be 
 guilty of a gross misdemeanor.  

    HIST: (8992-19) 1935 c 72 s 19; 1986 c 444 

     525.11 Reporter; appointment and duties.  

    The judge may appoint a competent stenographer as reporter 
 and secretary in all matters pertaining to official duties to 
 hold office during the judge's pleasure.  Such reporter shall 
 make a complete record of all testimony given and all 
 proceedings had before the court upon the trial of issue of fact 
 except that in commitment proceedings a tape recording of the 
 proceedings may be kept in lieu of a stenographic record.  The 
 reporter shall inscribe all questions in the exact language 
 thereof, all answers thereto precisely as given by the witness 
 or sworn interpreter, all objections made and the grounds 
 thereof as stated by counsel, all rulings thereon, all 
 exceptions taken, all admissions made, all oral stipulations, 
 and all oral motions and orders.  When directed by the judge, 
 the reporter shall make a record of any matter or proceeding and 
 without charge shall read to or transcribe for such judge any 
 record made or any tape recording made in a commitment 
 proceeding.  Upon completion of every trial or proceeding, such 
 reporter shall file the stenographic record or tape recording in 
 the manner directed by the judge.  Upon request of any person 
 and payment of fees by such person, the reporter shall furnish a 
 transcript.  The reporter may take acknowledgments, administer 
 oaths, and certify copies of the stenographic record or 
 transcript of either such record or tape recording made in a 
 commitment proceeding.  

    HIST: (8992-20) 1935 c 72 s 20; 1974 c 482 s 8; 1986 c 444 

     525.111 Compensation; transcript fees.  

    Where the salary of the reporter is not provided for by 
 law, compensation shall be paid by the representative as an 
 expense of administration or guardianship, or by the party or 
 parties presenting or contesting the proceedings reported, as 
 the court may determine.  In addition to the salary fixed by law 
 or compensation fixed by the court, the reporter shall receive 
 for transcripts furnished such fees as may be fixed by the court 
 not exceeding those allowed by law to the district court 
 reporters of the same county.  

    HIST: (8992-21) 1935 c 72 s 21; 1986 c 444 

     525.112 Court reporters for Hennepin county court.  

    The county judge or judge of probate of any county now 
 having or which may hereafter have 400,000 inhabitants, or over, 
 may appoint a competent stenographer as court reporter and 
 secretary, who shall be paid a salary of $3,000 per annum; and, 
 in addition to this salary, the court reporter may also be paid 
 such fees for transcripts of evidence made in relation to 
 probate hearings, as the judge of probate shall fix and allow, 
 and appoint two additional clerks who shall be competent 
 stenographers, who shall each be paid a salary of $1,200 per 
 annum.  

    HIST: (8992-21a) 1935 c 373 s 1; 1941 c 179 s 1; 1975 c 347 s 
 88 

     525.113 Additional employees.  

    The reporter and clerk mentioned in section 525.112 shall 
 be employed and appointed in addition to the court 
 administrator, deputy court administrators, and employees now 
 provided by law, to hold office during the pleasure of the judge 
 of probate and shall perform the duties imposed by law and such 
 judge, and their salary shall be paid from the county funds in 
 the same manner as prescribed for the payment of other employees 
 of such court.  

    HIST: (8992-21b) 1935 c 373 s 2; 1Sp1986 c 3 art 1 s 82 

     525.12 Auditor; appointment.  

    The court may appoint an auditor in any matter involving an 
 annual, partial, or final account, or the amount due on a claim 
 or an offset thereto.  Such appointment may be made with or 
 without notice and on the court's own motion or upon the 
 petition of the personal representative or of any person 
 interested in the estate or guardianship.  

    HIST: (8992-22) 1935 c 72 s 22; 1975 c 347 s 89 

     525.121 Powers.  

    The auditor shall have the same power as the court to set 
 hearings, grant adjournments, compel the attendance of witnesses 
 or the production of books, papers, and documents, and to hear 
 all proper evidence relating to such matter.  The auditor shall 
 report findings of fact to the court.  

    HIST: (8992-23) 1935 c 72 s 23; 1986 c 444 

     525.122 Compensation of auditor.  

    The auditor shall be allowed such reasonable fees, 
 disbursements, and expenses as may be determined by the court 
 and shall be paid by the personal representative as expenses of 
 administration, guardianship or conservatorship or by the person 
 applying for such audit as the court may determine.  

    HIST: (8992-24) 1935 c 72 s 24; 1975 c 347 s 90 

     525.13 Estate. 

    As used in sections 525.13 to 525.161, the word "estate" 
 includes every right and interest of a decedent in property, 
 real or personal, except such as are terminated or otherwise 
 extinguished by the death. 

    HIST: (8992-25) 1935 c 72 s 25; 1985 c 250 s 24; 1986 c 444 

     525.14 Descent of cemetery lot. 

    Subject to the right of interment of the decedent therein, 
 a cemetery lot or burial plot, unless disposed of as provided in 
 section 306.29, shall descend free of all debts as follows: 

    (1) To the decedent's surviving spouse, a life estate with 
 right of interment of the spouse therein, and remainder over to 
 the person who would be entitled to the fee if there were no 
 spouse, provided, however, if no person entitled to the 
 remainder of the fee survives, then the entire fee to the 
 surviving spouse with right of interment therein; 

    (2) If there is no surviving spouse, then to the decedent's 
 eldest surviving child; 

    (3) If there is no surviving child, then to the decedent's 
 youngest surviving sibling; 

    (4) If there is no surviving spouse, child or sibling of 
 the decedent, then, if not sold during administration of 
 decedent's estate, to the cemetery association or private 
 cemetery in trust as a burial lot for the decedent and such of 
 the decedent's relatives as the governing body thereof shall 
 deem proper. 

    The cemetery association or private cemetery, or, with its 
 consent, any person to whom the lot shall descend may grant and 
 convey the lot to any of the decedent's parents, siblings or 
 descendants. 

    A crypt or group of crypts or burial vaults owned by one 
 person in a public or community mausoleum shall be deemed a 
 cemetery lot. 

    Grave markers, monuments, memorials and all structures 
 lawfully installed or erected on any cemetery lot or burial plot 
 shall be deemed to be a part of and shall descend with the lot 
 or plot. 

    HIST: (8992-26) 1935 c 72 s 26; 1969 c 852 s 1; 1981 c 25 s 1 

  525.145 Repealed, 1995 c 130 s 21 

  525.15 Repealed, 1994 c 472 s 64 

  525.151 Repealed, 1994 c 472 s 64 

     525.152 Award of property with sentimental value to 
  children. 

    Subdivision 1.    Definitions.  (a) "Eligible child" 
 means a child of the decedent who: 

    (1) is not the child of the surviving spouse, if any; 

    (2) if there is no surviving spouse, is not a minor, and 
 has a different parent than minor children of the decedent; and 

    (3) if the decedent dies testate, is a devisee under the 
 decedent's will. 

    (b) "Sentimental value" means significant emotional or 
 nostalgic value arising out of the relationship of an individual 
 with the decedent or arising out of the relationship of the 
 eligible child with the individual who is the nondecedent parent 
 of the eligible child. 

    Subd. 2.    Ineligible property.  The following property 
 is not eligible for an award under this section: 

    (1) real property; 

    (2) personal property that is the subject of a specific 
 devise under the decedent's will where the will was executed 
 before August 1, 1989, and where the devise specifically 
 identifies the particular item of property, unless the property 
 is selected under section 524.2-403; 

    (3) personal property that is the subject of a specific 
 devise under a separate writing under section 524.2-513, unless 
 the property is selected under section 524.2-403; and 

    (4) personal property disposed of by a premarital agreement.

    Subd. 3.    Notice to eligible children; petition.  At 
 the time of an allowance selection under section 524.2-403, the 
 person making the selection shall serve personally or by mail a 
 written itemized notice of the property selected to every 
 eligible child of the decedent.  This requirement does not apply 
 if an award of property with sentimental value already has been 
 made under this section.  Within 30 days of receipt of the 
 notice of selection, an eligible child may petition the court to 
 award property with sentimental value contained in the notice, 
 or other property with sentimental value that belonged to the 
 decedent, to the eligible child. 

    Subd. 4.    Court decision.  The court shall award 
 property with sentimental value to an eligible child if it finds 
 that the property's sentimental value to the child outweighs its 
 sentimental value to the person entitled to the allowance 
 selection.  If more than one eligible child petitions the court 
 for an award of the same property, the court shall award the 
 property to the child for whom the property has the greatest 
 sentimental value.  In awarding property with sentimental value 
 to an eligible child, the court shall give weight to the 
 following factors: 

    (1) the relationship of the eligible child to the 
 acquisition and use of the property; 

    (2) whether the property was acquired prior to the 
 decedent's marriage to the surviving spouse or prior to the 
 birth of minor children who are entitled to an allowance 
 selection; and 

    (3) whether the property belonged to the individual who is 
 the nondecedent parent of the eligible child. 

    Subd. 5.    Payment to estate.  (a) As a condition of an 
 award of sentimental property under this section, the court 
 shall order that the eligible child pay the value of the 
 property to the estate or that the value of the property be 
 deducted from the eligible child's share of the estate.  The 
 surviving spouse or minor children may make an additional 
 allowance selection in place of property with sentimental value 
 awarded to an eligible child. 

    (b) If the court awards property under subdivision 4, the 
 court shall appoint an appraiser who shall determine the value 
 of the property.  The value of the property is its appraised 
 value as of the date of the decedent's death without reference 
 to its sentimental value to the eligible child or any other 
 person. 

    HIST: 1988 c 417 s 3; 1989 c 219 s 2; 1997 c 7 art 1 s 166-168 

  525.16 Repealed, 1985 c 250 s 27 

     525.161 No surviving spouse or kindred, notices to 
  attorney general.  

    When it appears from the petition or application for 
 administration of the estate, or otherwise, in a proceeding in 
 the court that the intestate left surviving no spouse or 
 kindred, the court shall give notice of such fact and notice of 
 all subsequent proceedings in such estate to the attorney 
 general forthwith; and the attorney general shall protect the 
 interests of the state during the course of administration.  The 
 residue which escheats to the state shall be transmitted to the 
 attorney general.  All moneys, stocks, bonds, notes, mortgages 
 and other securities, and all other personal property so 
 escheated shall then be given into the custody of the state 
 treasurer, who shall notify the commissioner of finance thereof 
 and immediately credit the moneys received to the general fund.  
 The treasurer shall hold such stocks, bonds, notes, mortgages 
 and other securities, and all other personal property, subject 
 to such investment, sale or other disposition as the state board 
 of investment may direct pursuant to section 11A.04, clause 
 (9).  The attorney general shall immediately report to the state 
 executive council all real property received in the individual 
 escheat, and any sale or disposition of such real estate shall 
 be made in accordance with sections 94.09 to 94.16.  

    HIST: 1955 c 194 s 1; 1957 c 861 s 1; 1969 c 399 s 1; 1973 c 
 492 s 14; 1975 c 347 s 93; 1980 c 607 art 14 s 46 

  525.17 Repealed, 1985 c 250 s 27 

  525.171 Repealed, 1985 c 250 s 27 

  525.172 Repealed, 1985 c 250 s 27 

  525.173 Repealed, 1985 c 250 s 27 

  525.18 Repealed, 1975 c 347 s 144 

  525.181 Repealed, 1975 c 347 s 144 

  525.182 Repealed, 1975 c 347 s 144 

  525.183 Repealed, 1975 c 347 s 144 

  525.184 Repealed, 1975 c 347 s 144 

  525.19 Repealed, 1975 c 347 s 144 

  525.191 Repealed, 1975 c 347 s 144 

  525.20 Repealed, 1985 c 250 s 27 

  525.201 Repealed, 1985 c 250 s 27 

  525.202 Repealed, 1985 c 250 s 27 

  525.203 Repealed, 1975 c 347 s 144 

     525.21 Quantity of estate devised.  

    Every devise of real estate shall convey all the estate of 
 the testator therein subject to liens and encumbrances thereon 
 unless a different intention appears from the will.  

    HIST: (8992-45) 1935 c 72 s 45 

  525.211 Repealed, 1975 c 347 s 144 

  525.212 Repealed, 1985 c 250 s 27 

  525.213 Repealed, 1985 c 250 s 27 

  525.214 Repealed, 1985 c 250 s 27 

  525.215 Repealed, 1985 c 250 s 27 

  525.216 Repealed, 1985 c 250 s 27 

  525.22 Repealed, 1994 c 472 s 64 

  525.221 Repealed, 1994 c 472 s 64 

  525.222 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.2221 Wills not affected.  

    Notwithstanding any other provision of law to the contrary, 
 the provisions of any will executed prior to June 1, 1973 
 relating to ones "minority" or "majority" or other related terms 
 shall be governed by the definitions of such terms existing at 
 the time of the execution of the will.  

    HIST: 1973 c 725 s 86 

  525.223 Repealed, 1994 c 472 s 64 

  525.23 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.231 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.24 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.241 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.242 Secondary evidence.  

    If no subscribing witness competent to testify resides in 
 the state at the time appointed for proving the will, the court 
 may admit the testimony of other witnesses to prove the capacity 
 of the testator and the execution of the will, and as evidence 
 of such execution may admit proof of the handwriting of the 
 testator and of the subscribing witnesses.  

    HIST: (8992-55) 1935 c 72 s 55 

  525.243 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.244 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.25 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.251 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.252 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.253 Sale of devised property.  

    Subdivision 1.  Unless a contrary intent appears from the 
 will, an agreement made by a testator for the sale or transfer 
 of real property disposed of by the will previously made, does 
 not revoke or adeem such disposal; but all the right, title, and 
 interest of the decedent in such property and in said agreement 
 shall pass, according to the terms of the will.  Such an 
 agreement shall be enforceable and subject to the same remedies 
 for specific performance or otherwise against the devisees as 
 exists against a decedent's successors if the same passed by 
 succession.  

    Subd. 2.  This section shall be applicable to estates of 
 decedents dying after June 5, 1969.  

    HIST: 1969 c 944 s 1,2; 1975 c 347 s 99 

  525.26 Repealed, 1975 c 347 s 144 

  525.261 Repealed, 1975 c 347 s 144 

  525.262 Repealed, 1975 c 347 s 144 

  525.27 Repealed, 1975 c 347 s 144 

  525.271 Repealed, 1975 c 347 s 144 

  525.272 Repealed, 1975 c 347 s 144 

  525.273 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.28 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.281 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.282 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.29 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.291 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.292 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.30 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.301 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.302 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.303 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.304 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.31 Essentials. 

    Whenever any person has been dead for more than three years 
 and has left real or personal property, or any interest therein, 
 and no will or authenticated copy of a will probated outside 
 this state in accordance with the laws in force in the place 
 where probated has been probated nor proceedings had in this 
 state, any interested person or assignee or successor of an 
 interested person may petition the court of the county of the 
 decedent's residence or of the county wherein such real or 
 personal property, or any part thereof, is situated to determine 
 the descent of such property and to assign such property to the 
 persons entitled thereto. 

    HIST: 1975 c 347 s 100; 1976 c 161 s 15 

  525.311 Contents of petition. 

    Such petition shall show so far as known to the petitioner: 

    (1) The name of the decedent, the place of residence, the 
 date and place of death, the age and address at such date, and 
 whether the decedent died testate or intestate; 

    (2) The names, ages, and addresses of heirs, personal 
 representatives, and devisees; 

    (3) That no will or authenticated copy of a will probated 
 outside of this state in accordance with the laws in force in 
 the place where probated has been probated nor proceedings had 
 in this state; 

    (4) A description of the real or personal property, or 
 interest therein and if a homestead, designated as such, the 
 interest therein of the decedent, the value thereof at the date 
 of death, and the interest therein of the petitioner; 

    (5) If the decedent left a will which has not been probated 
 in this state, such will or authenticated copy of a will 
 probated outside of this state in accordance with the laws in 
 force in the place where probated shall be filed and the 
 petition shall contain a prayer for its probate. 

    (6) That the devisee or successors and assigns possess the 
 property devised in accordance with the will, any heir or a 
 successor and assigns possess such property which passes to such 
 heir under the laws of intestate succession in force at the 
 decedent's death, or such property was not possessed or claimed 
 by anyone by virtue of the decedent's title during the time 
 period for testacy proceedings.  

    (7) In any such proceeding wherein it appears that the 
 property affected descends through several decedents under 
 circumstances qualifying for a descent proceeding under this 
 section in each case, the court in its discretion may 
 consolidate the proceedings into one and may accept the filing 
 of one petition for the several decedents where no interests are 
 prejudiced thereby.  The notice and other requirements of this 
 section and sections 525.31 and 525.312 shall be complied with, 
 and the matter shall be then adjudicated under one title 
 combining the names of the several decedents and making 
 appropriate findings for each decedent and determining heirship. 

    HIST: 1975 c 347 s 100; 1986 c 444 

  525.312 Decree of descent. 

    Upon the filing of such petition, the court shall fix the 
 time and place for the hearing thereof, notice of which shall be 
 given pursuant to section 524.1-401.  Notice of the hearing, in 
 the form prescribed by court rule, shall also be given under 
 direction of the court administrator by publication once a week 
 for two consecutive weeks in a legal newspaper in the county 
 where the hearing is to be held, the last publication of which 
 is to be at least ten days before the time set for hearing.  
 Upon proof of the petition and of the will if there be one; or 
 upon proof of the petition and of an authenticated copy of a 
 will duly proved and allowed outside of this state in accordance 
 with the laws in force in the place where proved, if there be 
 one; and if a clearance for medical assistance claims is on file 
 in the proceeding and any medical assistance claims are paid or 
 satisfied, the court shall allow the same and enter its decree 
 of descent assigning the real or personal property, or any 
 interest therein, to the persons entitled thereto pursuant to 
 the will or such authenticated copy, if there be one, otherwise 
 pursuant to the laws of intestate succession in force at the 
 time of the decedent's death.  The decree of descent shall 
 operate to assign the property free and clear of any and all 
 claims for medical assistance arising under section 525.313 
 without regard to the final disposition of those claims.  The 
 court may appoint two or more disinterested persons to appraise 
 the property.  

    HIST: 1975 c 347 s 100; 1977 c 207 s 1; 1979 c 303 art 3 s 37; 
 1Sp1986 c 3 art 1 s 82; 2000 c 400 s 7 

     525.313 Clearance for medical assistance claims. 

    (a) The court shall not enter a decree of descent until the 
 petitioner has filed a clearance for medical assistance claims 
 under this section, and until any medical assistance claims 
 filed under this section have been paid, settled, or otherwise 
 finally disposed of. 

    (b) After filing the petition, the petitioner or the 
 petitioner's attorney shall apply to the county agency in the 
 county in which the petition is pending for a clearance of 
 medical assistance claims.  The application must state the 
 decedent's name, date of birth, and social security number; the 
 name, date of birth, and social security number of any 
 predeceased spouse of the decedent; the names and addresses of 
 the devisees and heirs; and the name, address, and telephone 
 number of the petitioner or the attorney making the application 
 on behalf of the petitioner, and include a copy of the notice of 
 hearing.  

    (c) The county agency shall determine whether the decedent 
 or any of the decedent's predeceased spouses received medical 
 assistance under chapter 256B or general assistance medical care 
 under chapter 256D giving rise to a claim under section 
 256B.15.  If there are no claims, the county agency shall issue 
 the petitioner a clearance for medical assistance claims stating 
 no medical assistance claims exist.  If there is a claim, the 
 county agency shall issue the petitioner a clearance for medical 
 assistance claims stating that a claim exists and the total 
 amount of the claim.  The county agency shall mail the completed 
 clearance for medical assistance claims to the applicant within 
 15 working days after receiving the application without cost to 
 the applicant or others. 

    (d) The petitioner or attorney shall file the certificate 
 in the proceedings for the decree of descent as soon as 
 practicable after it is received.  Notwithstanding any rule or 
 law to the contrary, if a medical assistance claim appears in a 
 clearance for medical assistance claims, then: 

    (1) the claim shall be a claim against the decedent's 
 property which is the subject of the petition.  The county 
 agency issuing the certificate shall be the claimant.  The 
 filing of the clearance for medical assistance claims in the 
 proceeding for a decree of descent constitutes presentation of 
 the claim; 

    (2) the claim shall be an unbarred and undischarged claim 
 and shall be payable, in whole or in part, from the decedent's 
 property which is the subject of the petition, including the net 
 sale proceeds from any sale of property free and clear of the 
 claim under this section; 

    (3) the claim may be allowed, denied, appealed, and bear 
 interest as provided for claims in estates under chapter 524; 
 and 

    (4) the county agency may collect, compromise, or otherwise 
 settle the claim with the estate, the petitioner, or the 
 assignees of the property on whatever terms and conditions are 
 deemed appropriate. 

    (e) Any of the decedent's devisees, heirs, successors, 
 assigns, or their successors and assigns, may apply for a 
 partial decree of descent to facilitate the good faith sale of 
 their interest in any real or personal property described in the 
 petition free and clear of any medical assistance claim any time 
 before the entry of a decree of descent under section 525.312.  
 The applicant must prove an interest in the property as provided 
 under section 525.312.  The court may enter a partial decree of 
 descent any time after it could hear and decide the petition for 
 a decree of descent.  A partial decree of descent shall assign 
 the interests in the real and personal property described in the 
 application to the parties entitled to the property free and 
 clear of any and all medical assistance claims.  The net sale 
 proceeds from the sale shall be: 

    (1) substituted in the estate according to this section for 
 the property sold; 

    (2) paid over to and held by the petitioner pending the 
 entry of a decree of descent; 

    (3) used for payment of medical assistance claims; and 

    (4) distributed according to the decree of descent after 
 any medical assistance claims are paid. 

    (f) The clearance for medical assistance claims must: 

    (1) include the case name, case number, and district court 
 in which the proceeding for a decree of descent is pending; 

    (2) include the name, date of birth, and social security 
 number of the decedent and any of the decedent's predeceased 
 spouses; 

    (3) state whether there are medical assistance claims 
 against the decedent, or a predeceased spouse, and the total 
 amount of each claim; and 

    (4) include the name, address, and telephone number of the 
 county agency giving the clearance for medical assistance 
 claims.  The certificate shall be signed by the director of the 
 county agency or the director's designee.  The signature of the 
 director or the director's designee does not require an 
 acknowledgment. 

    (g) All recoveries under this section are recoveries under 
 section 256B.15. 

    (h) For purposes of this section and chapter 256B, all 
 property identified in the petition and all subsequent 
 amendments to the petition shall constitute an estate. 

    HIST: 2000 c 400 s 8 

  525.314 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.315 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.316 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.32 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.321 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.322 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.323 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.324 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.33 Repealed, 1975 c 347 s 144 

  525.331 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.34 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.35 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.36 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.37 Foreclosure of mortgages. 

    The guardian or conservator shall have the same right to 
 foreclose a mortgage, lien, or pledge or collect the debt 
 secured thereby as the ward or conservatee would have had, if 
 competent, and may complete any such proceeding commenced by 
 such ward or conservatee. 

    HIST: 1975 c 347 s 101; 1986 c 444 

  525.38 Realty acquired. 

    When a foreclosure sale or a sale on execution for the 
 recovery of a debt due the estate is had or redemption is made 
 the personal representative shall receive the money paid and 
 execute the necessary satisfaction or release.  If bid in by the 
 personal representative or if bid in by the decedent or ward and 
 the redemption period expired during the administration of the 
 estate or guardianship or conservatorship without redemption, 
 the real estate shall be treated as personal property.  If not 
 so sold, mortgaged, or leased, the real estate or, if so sold, 
 mortgaged, or leased, the proceeds shall be assigned or 
 distributed to the same persons and in the same proportions as 
 if it had been part of the personal estate of the decedent, 
 unless otherwise provided in the will. 

    HIST: 1975 c 347 s 102 

  525.39 Repealed, 1975 c 347 s 144 

     525.391 Property fraudulently conveyed.  

    When the property available for the payment of debts is 
 insufficient to pay the same in full, the representative may 
 recover any property which the decedent may have disposed of 
 with intent to defraud creditors, or by conveyance or transfer 
 which for any reason is void as to them.  Upon the application 
 of any creditor and upon making the payment of or providing 
 security for the expenses thereof as directed by the court, the 
 representative shall prosecute all actions necessary to recover 
 the property.  

    HIST: (8992-95) 1935 c 72 s 95; 1986 c 444 

     525.392 Property converted.  

    If any person embezzles, alienates, or converts to personal 
 use any of the personal estate of a decedent or ward before the 
 appointment of a representative, such person shall be liable for 
 double the value of the property so embezzled, alienated, or 
 converted.  

    HIST: (8992-96) 1935 c 72 s 96; 1986 c 444 

     525.393 Disposal by coroner.  

    When personal property of a decedent has come into the 
 custody of any coroner and has not been surrendered as 
 hereinafter provided and no will has been admitted to probate or 
 no administration has been had within three months after the 
 decedent's death, the coroner, after the expiration of said 
 time, shall file in the court an inventory of all such property 
 and a fingerprint of each finger of each hand of the decedent.  
 Wearing apparel and such other property as the coroner 
 determines to be of nominal value, may be surrendered by the 
 coroner to the spouse or to any blood relative of the decedent.  
 If no will is admitted to probate nor administration had within 
 six months after death, the coroner shall sell the same at 
 public auction upon such notice and in such manner as the court 
 may direct.  The coroner shall be allowed reasonable expenses 
 for the care and sale of the property, and shall deposit the net 
 proceeds of such sale with the county treasurer in the name of 
 the decedent, if known.  The treasurer shall give the coroner 
 duplicate receipts therefor, one of which the coroner shall file 
 with the county auditor and the other in the court.  If a 
 representative shall qualify within six years from the time of 
 such deposit, the treasurer shall pay the same to such 
 representative.  

    HIST: (8992-97) 1935 c 72 s 97; Ex1936 c 48; 1975 c 347 s 103; 
 1986 c 444 

  525.40 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.401 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.41 Repealed, 1975 c 347 s 144 

  525.411 Repealed, 1975 c 347 s 144 

  525.412 Repealed, 1975 c 347 s 144 

  525.413 Repealed, 1975 c 347 s 144 

  525.42 Repealed, 1975 c 347 s 144 

  525.421 Repealed, 1975 c 347 s 144 

  525.43 Repealed, 1975 c 347 s 144 

  525.431 Repealed, 1975 c 347 s 144 

  525.44 Repealed, 1975 c 347 s 144 

  525.441 Repealed, 1975 c 347 s 144 

  525.442 Repealed, 1975 c 347 s 144 

  525.45 Repealed, 1975 c 347 s 144 

  525.46 Repealed, 1975 c 347 s 144 

  525.47 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.475 Dormant estate; removal of representative or 
  attorney. 

    (1) In a supervised administration under sections 524.3-501 
 to 524.3-505: 

    (a) If an order of complete settlement of the estate or a 
 decree, as provided in section 524.3-1001, is not entered within 
 18 months after appointment of the personal representative, the 
 court shall order the personal representative and the attorney 
 to show good cause why an order of complete settlement of the 
 estate or a decree has not been entered. 

    (b) If good cause is not shown the court shall order the 
 removal of the personal representative, instruct the personal 
 representative to dismiss the attorney and employ another 
 attorney, if necessary, to complete the administration of the 
 estate, or shall order such other or further relief as may be 
 appropriate.  In addition, the court may refer a record of the 
 proceeding to the state board of professional responsibility.  
 If removal of the personal representative is ordered, the court 
 shall also direct by order the disposition of the assets 
 remaining in the name of, or under the control of, the personal 
 representative being removed.  

    (c) If good cause is shown, the court shall order that the 
 time for administration of the estate be extended for an 
 additional period not to exceed one year.  If an order of 
 complete settlement of the estate or a decree, as provided in 
 section 524.3-1001, is not entered within such extended period, 
 the court shall again order the personal representative and the 
 attorney to show cause why an order of complete settlement or a 
 decree has not been entered.  If good cause is not shown, the 
 provisions of paragraph (b) of this section shall be 
 applicable.  If good cause is shown, the court shall order that 
 the time for administration of the estate be again extended for 
 an additional period not to exceed one year and the provisions 
 of this paragraph (c) of this section shall be applicable to 
 such additional extension.  

    (2) In an administration other than a supervised 
 administration under sections 524.3-501 to 524.3-505: 

    (a) Upon the petition of an interested person and upon 
 showing of probable cause for relief, the court shall order the 
 personal representative and the attorney to show cause why the 
 estate has not been closed pursuant to the provisions of 
 sections 524.3-1001 to 524.3-1003.  

    (b) If good cause is not shown, the court shall order the 
 removal of the personal representative, instruct the personal 
 representative to dismiss the attorney and employ another 
 attorney, if necessary, to complete the administration of the 
 estate or shall order such other or further relief as may be 
 appropriate.  In addition, the court may refer a record of the 
 proceeding to the state board of professional responsibility.  
 If removal of the personal representative is ordered, the court 
 shall also direct by order the disposition of the assets 
 remaining in the name of, or under the control of, the personal 
 representative being removed.  

    (c) If good cause is shown, the court shall enter an order 
 so finding.  An interested party may thereafter again petition 
 the court for an order directing the personal representative and 
 the attorney to show cause why the estate has not been closed 
 pursuant to the provisions of sections 524.3-1001 to 524.3-1003. 

    (3) An attorney dismissed pursuant to this section and who 
 is seeking attorney fees for services rendered to the estate has 
 the burden of affirmatively proving that the estate has 
 benefited from the services and that the benefits warrant the 
 payment of the requested fee. 

    HIST: 1975 c 347 s 104; 1986 c 444 

     525.48 Final account, attorney fees and representative 
  fees.  

    Any full or final account to distributees shall include a 
 statement of attorney fees and representative fees.  This 
 statement shall include the total fees charged to date and 
 estimated future fees to be charged.  

    HIST: (8992-114) 1935 c 72 s 114; 1974 c 442 art 9 s 2; 1975 c 
 347 s 105 

  525.481 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.482 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.483 Recording decree. 

    A certified copy of any decree of distribution may be filed 
 for record in the office of the county recorder of any county.  
 It shall not be necessary to pay real estate taxes in order to 
 record such certified copy, but the same shall be first 
 presented to the county auditor for entry upon the transfer 
 record and shall have noted thereon "Transfer entered" over that 
 person's official signature.  Upon request, the court shall 
 furnish a certified copy of any decree of distribution, omitting 
 the description of any property except that specified in the 
 request, but indicating omissions by the words "other property 
 omitted." Such copy and its record shall have the same force and 
 effect as to property therein described as though the entire 
 decree had been so certified and recorded. 

    HIST: (8992-117) 1935 c 72 s 117; 1976 c 181 s 2; 1986 c 444 

     525.484 Property of deceased persons to be transferred 
  to representatives of foreign countries in certain cases.  

    Whenever any person who is entitled to any property in an 
 estate is a citizen of and a resident in any foreign country 
 with the government of which the United States maintains 
 diplomatic relations, the personal representative of the estate 
 may deliver or pay such property to an accredited diplomatic or 
 consular representative of the government of such foreign 
 country for delivery or payment to such person, or, if such 
 property has been deposited with the county treasurer pursuant 
 to section 524.3-914, the court upon application as therein 
 provided shall grant its order authorizing and directing the 
 county auditor to issue a warrant to the county treasurer to pay 
 such money or deliver such property to such accredited 
 diplomatic or consular representative, and the personal 
 representative of such estate or the county treasurer shall be 
 discharged from that person's trust and all further liability 
 thereunder upon filing the receipt of such diplomatic or 
 consular representative for such property with such court, 
 provided that such diplomatic or consular representative has 
 been licensed by proper federal authority to receive such 
 property of the nationals of such country, where such license is 
 required.  

    This section shall not apply where such citizen of and 
 resident in any such foreign country has appeared in person or 
 by duly authorized representative other than such diplomatic or 
 consular representative.  

    HIST: 1943 c 477 s 1,2; 1975 c 347 s 106; 1986 c 444 

  525.485 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.486 Termination of trusts; distribution. 

    In any administration of an estate in probate, wherein the 
 decedent died testate and has established a testamentary trust, 
 and it appears to the court that the operative events have 
 occurred whereby said trust is terminated prior to distribution 
 in whole or in part, the court shall have jurisdiction in its 
 discretion to adjudge and determine that said trust be 
 terminated in whole or in part without further proceedings in 
 any other court of general jurisdiction and may make its decree 
 or order of distribution accordingly to the extent that the 
 trust is no longer operative. 

    HIST: 1975 c 347 s 107 

  525.49 MS 1957 Repealed, 1961 c 265 s 3 

  525.49 MS 1971 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.491 Attorney's lien.  

    When any attorney at law has been retained to appear for 
 any heir or devisee, such attorney may perfect a lien upon the 
 client's interest in the estate for compensation for such 
 services as may have been rendered respecting such interest, by 
 serving upon the personal representative before distribution is 
 made, a notice of intent to claim a lien for agreed 
 compensation, or the reasonable value of services.  The 
 perfecting of such a lien, as herein provided, shall have the 
 same effect as the perfecting of a lien as provided in section 
 481.13, and such lien may be enforced and the amount thereupon 
 determined in the manner therein provided.  

    HIST: 1961 c 265 s 2; 1975 c 347 s 108; 1986 c 444 

  525.50 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.501 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.502 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.503 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.504 MS 1971 Repealed, 1974 c 442 art 8 s 524.8-102 
  525.504 MS 1980 Repealed, 1981 c 313 s 26 

  525.51 Repealed, 1995 c 130 s 21 

     525.515 Basis for attorney's fees. 

    (a) Notwithstanding any law to the contrary, an attorney 
 performing services for the estate at the instance of the 
 personal representative, guardian or conservator shall have such 
 compensation therefor out of the estate as shall be just and 
 reasonable.  This section shall apply to all probate proceedings.

    (b) In determining what is a fair and reasonable attorney's 
 fee effect shall be given to a prior agreement in writing by a 
 testator concerning attorney fees.  Where there is no prior 
 agreement in writing with the testator consideration shall be 
 given to the following factors in determining what is a fair and 
 reasonable attorney's fee: 

    (1) The time and labor required; 

    (2) The experience and knowledge of the attorney; 

    (3) The complexity and novelty of problems involved; 

    (4) The extent of the responsibilities assumed and the 
 results obtained; and 

    (5) The sufficiency of assets properly available to pay for 
 the services; 

    (c) An interested person who desires that the court review 
 attorney fees shall seek review of attorney fees in the manner 
 provided in section 524.3-721.  In determining the 
 reasonableness of the attorney fees, consideration shall be 
 given to all the factors listed in clause (b) and the value of 
 the estate shall not be the controlling factor. 

    HIST: 1971 c 497 s 8; Ex1971 c 48 s 50; 1974 c 442 art 9 s 3; 
 1975 c 347 s 111; 1976 c 2 s 146 

  525.52 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.521 Repealed, 1975 c 347 s 144 

  525.522 Repealed, 1975 c 347 s 144 

  525.523 Repealed, 1975 c 347 s 144 

  525.524 Repealed, 1975 c 347 s 144 

  525.525 Repealed, 1975 c 347 s 144 

  525.526 Repealed, 1975 c 347 s 144 

  525.527 Repealed, 1975 c 347 s 144 

     525.528 Federal estate tax; marital deduction.  

    Whenever the decedent leaves a surviving spouse or by law 
 the spouse is presumed to have survived and the representative 
 of the decedent's estate, and the decedent's trustee or any 
 other fiduciary is permitted or required to exercise a 
 discretion, even though stated as sole, absolute or 
 uncontrolled, to select assets in kind at values other than 
 their values at the date or dates of distribution thereof, 
 including values to be determined in the discretion of the 
 representative, trustee or other fiduciary and even though such 
 discretion is stated as sole, absolute or uncontrolled, to 
 satisfy a bequest or transfer within the meaning of the marital 
 deduction provisions of section 2056 of the United States 
 Internal Revenue Code or such cognate provisions of federal law 
 as may hereafter be applicable, such representative, trustee or 
 other fiduciary shall be subject to the general fiduciary 
 obligation of fairness and pursuant thereto shall select assets 
 fairly representative of appreciation or depreciation in the 
 value of all property available on the date or dates of 
 distribution for selection and distribution in satisfaction of 
 such bequest or transfer, unless other language of the will or 
 trust instrument expressly refers to this section and states 
 that it shall not be applicable.  This section shall apply to 
 the estates of decedents dying after May 26, 1965, to trusts 
 created after May 26, 1965, and to trusts, whenever created, 
 which are revocable after May 26, 1965.  

    HIST: 1965 c 765 s 1 

  525.53 Repealed, 1975 c 347 s 144 

  525.531 Repealed, 1975 c 347 s 144 

     525.532 Disclaimer of interests passing by will, 
  intestate succession or under certain powers of appointment. 

    Subdivision 1.  As used in this section, unless otherwise 
 clearly required by the context: 

    (a) "Beneficiary" means and includes any person entitled, 
 but for that person's disclaimer, to take an interest:  by 
 intestate succession; by devise; by legacy or bequest; by 
 succession to a disclaimed interest by will, intestate 
 succession or through the exercise or nonexercise of a 
 testamentary power of appointment; by virtue of a renunciation 
 and election to take against a will; as beneficiary of a 
 testamentary trust; pursuant to the exercise or nonexercise of a 
 testamentary power of appointment; as donee of a power of 
 appointment created by testamentary instrument; or otherwise 
 under a testamentary instrument; 

    (b) "Interest" means and includes the whole of any 
 property, real or personal, legal or equitable, or any 
 fractional part, share or particular portion or specific assets 
 thereof or any estate in any such property or power to appoint, 
 consume, apply or expend property or any other right, power, 
 privilege or immunity relating thereto; 

    (c) "Disclaimer" means a written instrument which declines, 
 refuses, releases, renounces or disclaims an interest which 
 would otherwise be succeeded to by a beneficiary, which 
 instrument defines the nature and extent of the interest 
 disclaimed thereby and which must be signed, witnessed and 
 acknowledged by the disclaimant in the manner provided for deeds 
 of real estate.  

    Subd. 2.  A beneficiary may disclaim any interest in whole 
 or in part, or with reference to specific parts, shares or 
 assets thereof, by filing a disclaimer in court in the manner 
 hereinafter provided.  A guardian, executor, administrator or 
 other personal representative of the estate of a minor, 
 incompetent or deceased beneficiary, if that person deems it in 
 the best interests of those interested in the estate of such 
 beneficiary and of those who take the beneficiary's interest by 
 virtue of the disclaimer and not detrimental to the best 
 interests of the beneficiary, with or without an order of the 
 probate court, may execute and file a disclaimer on behalf of 
 the beneficiary within the time and in the manner in which the 
 beneficiary could disclaim if living, of legal age and 
 competent.  A beneficiary likewise may execute and file a 
 disclaimer by agent or attorney so empowered.  

    Subd. 3.  Such disclaimer shall be filed at any time after 
 the creation of the interest, but in all events within nine 
 months after the death of the person by whom the interest was 
 created or from whom it would have been received, or, if the 
 disclaimant is not finally ascertained as a beneficiary or the 
 interest has not become indefeasibly fixed both in quality and 
 quantity as of the death of such person, then such disclaimer 
 shall be filed not later than nine months after the event which 
 would cause the disclaimant so to become finally ascertained and 
 the interest to become indefeasibly fixed both in quality and 
 quantity. 

    Subd. 4.  Such disclaimer shall be effective upon being 
 filed in the court in which the estate of the person by whom the 
 interest was created or from whom it would have been received 
 is, or has been, administered or, if no probate administration 
 has been commenced, then in the court where it would be pending 
 if commenced.  A copy of the disclaimer shall be delivered or 
 mailed to the personal representative, trustee or other person 
 having legal title to, or possession of, the property in which 
 the interest disclaimed exists, and no such representative, 
 trustee or person shall be liable for any otherwise proper 
 distribution or other disposition made without actual notice of 
 the disclaimer.  If an interest in or relating to real estate is 
 disclaimed, the original of the disclaimer, or a copy of the 
 disclaimer certified as true and complete by the court 
 administrator of the court wherein the same has been filed, 
 shall be filed in the office of the county recorder or the 
 registrar of titles, as hereinafter provided, in the county or 
 counties where the real estate is situated and shall constitute 
 notice to all persons only from and after the time of such 
 filing.  If title to such real estate has not been registered 
 under the provisions of chapter 508, such disclaimer or 
 certified copy shall be filed with the county recorder.  If 
 title to such real estate has been registered under the 
 provisions of chapter 508, such disclaimer or certified copy 
 shall be filed with the registrar of titles. 

    Subd. 5.  Unless the person by whom the interest was 
 created or from whom it would have been received has otherwise 
 provided by will or other appropriate instrument with reference 
 to the possibility of a disclaimer by the beneficiary, the 
 property in which the interest disclaimed existed shall descend, 
 be distributed or otherwise be disposed of in the same manner as 
 if the disclaimant had died immediately preceding the death or 
 other event which causes the disclaimant to become finally 
 ascertained as a beneficiary and the interest to become 
 indefeasibly fixed both in quality and quantity, and, in any 
 case, the disclaimer shall relate for all purposes to such date, 
 whether filed before or after such death or other event.  
 However, one disclaiming an interest in a nonresiduary gift, 
 devise or bequest shall not be excluded, unless the disclaimer 
 so provides, from sharing in a gift, devise or bequest of the 
 residue even though, through lapse, such residue includes the 
 assets disclaimed.  An interest of any nature in or to the 
 estate of an intestate may be declined, refused or disclaimed as 
 herein provided without ever vesting in the disclaimant.  

    Subd. 6.  The right to disclaim otherwise conferred by this 
 section shall be barred if the beneficiary is insolvent at the 
 time of the event giving rise to the right to disclaim.  Any 
 voluntary assignment or transfer of, or contract to assign or 
 transfer, an interest in real or personal property, or written 
 waiver of the right to disclaim the succession to an interest in 
 real or personal property, by any beneficiary, or any sale or 
 other disposition of an interest in real or personal property 
 pursuant to judicial process, made before the beneficiary has 
 filed a disclaimer, as herein provided, bars the right otherwise 
 hereby conferred on such beneficiary to disclaim as to such 
 interest.  

    Subd. 7.  The right to disclaim granted by this section 
 shall exist irrespective of any limitation imposed on the 
 interest of the disclaimant in the nature of an express or 
 implied spendthrift provision or similar restriction.  A 
 disclaimer, when filed as provided in this section, or a written 
 waiver of the right to disclaim, shall be binding upon the 
 disclaimant or beneficiary so waiving and all parties thereafter 
 claiming by, through or under that person, except that a 
 beneficiary so waiving may thereafter transfer, assign or 
 release the interest if such is not prohibited by an express or 
 implied spendthrift provision.  If an interest in real estate is 
 disclaimed and the disclaimer is duly filed in accordance with 
 the provisions of subdivision 4, the spouse of the disclaimant, 
 if such spouse has consented to the disclaimer in writing, shall 
 thereupon be automatically debarred from any spouse's statutory 
 or common law right or estate by curtesy or in dower or 
 otherwise in such real estate to which such spouse, except for 
 such disclaimer, would have been entitled.  

    Subd. 8.  This section shall not abridge the right of any 
 person, apart from this section, under any existing or future 
 statute or rule of law, to disclaim any interest or to assign, 
 convey, release, renounce or otherwise dispose of any interest.  

    Subd. 9.  Any interest which exists on May 22, 1965 but 
 which has not then become indefeasibly fixed both in quality and 
 quantity, or the taker of which has not then become finally 
 ascertained, may be disclaimed after May 22, 1965 in the manner 
 provided herein. 

    HIST: 1965 c 552 s 1; 1975 c 347 s 112,113; 1976 c 181 s 2; 
 1980 c 439 s 33; 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     525.539 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 525.54 to 525.5515; 525.56; 525.57 to 525.581; 525.583 to 
 525.61; 525.62; 525.63; 525.67; and 525.69, the following terms 
 shall have the meanings given them.  

    Subd. 2.    Guardian.  "Guardian" means a person or 
 entity who is appointed by the court to exercise all of the 
 powers and duties designated in section 525.56 for the care of 
 an incapacitated person or that person's estate, or both.  

    Subd. 3.    Conservator.  "Conservator" means a person 
 appointed by the court to exercise some, but not all, of the 
 powers designated in section 525.56 for the care of an 
 incapacitated person or that person's estate, or both.  

    Subd. 4.    Ward.  "Ward" means an incapacitated person 
 for whom the court has appointed a guardian.  

    Subd. 5.    Conservatee.  "Conservatee" means an 
 incapacitated person for whom the court has appointed a 
 conservator.  

    Subd. 6.    Visitor.  "Visitor" means a person who is 
 trained in law, health care, or social work and is an officer, 
 employee, or special appointee of the court with no personal 
 interest in the proceedings.  

    Subd. 7.    Best interests of the ward or conservatee.  
 "Best interests of the ward or conservatee" means all relevant 
 factors to be considered or evaluated by the court in nominating 
 a guardian or conservator, including but not limited to: 

    (1) the reasonable preference of the ward or conservatee, 
 if the court determines the ward or conservatee has sufficient 
 capacity to express a preference; 

    (2) the interaction between the proposed guardian or 
 conservator and the ward or conservatee; and 

    (3) the interest and commitment of the proposed guardian or 
 conservator in promoting the welfare of the ward or conservatee 
 and the proposed guardian's or conservator's ability to maintain 
 a current understanding of the ward's or conservatee's physical 
 and mental status and needs.  In the case of a ward or a 
 conservatorship of the person, welfare includes: 

    (i) food, clothing, shelter, and appropriate medical care; 

    (ii) social, emotional, religious, and recreational 
 requirements; and 

    (iii) training, education, and rehabilitation.  

    Kinship is not a conclusive factor in determining the best 
 interests of the ward or conservatee but should be considered to 
 the extent that it is relevant to the other factors contained in 
 this subdivision. 

    HIST: 1980 c 493 s 1; 1981 c 313 s 1; 1986 c 444; 1Sp1986 c 3 
 art 3 s 5; 1Sp1993 c 1 art 3 s 40 

     525.54 Adults subject to guardianship and 
  conservatorship. 

    Subdivision 1.    Adults subject to guardianship and 
 conservatorship.  Upon petition as provided in this chapter, 
 the court, if satisfied of the need therefor, may appoint one or 
 more persons suitable and competent to discharge the trust as 
 guardians of the person or estate or of both or as conservators 
 of the person or the estate or of both, of any incapacitated 
 person.  The county human services agency may create a screening 
 committee to review a petition involving an indigent person.  
 The screening committee must be made up of individuals selected 
 by the agency with knowledge of the availability of alternatives 
 that are less restrictive than guardianships or 
 conservatorships.  If the agency has created a screening 
 committee, the court shall make its decision after the screening 
 committee has reviewed the petition.  For indigent persons, the 
 court may appoint a guardian or conservator under contract with 
 the county to provide these services. 

    Subd. 2.    Guardianship or conservatorship of the person. 
  "Incapacitated person" means, in the case of guardianship or 
 conservatorship of the person, any adult person who 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.  

    Subd. 3.    Guardianship or conservatorship of the estate. 
  Appointment of a guardian or conservator may be made in 
 relation to the estate and financial affairs of an adult 
 person:  (a) voluntarily, upon the person's petition or consent 
 in writing if the court is satisfied of the need thereof; (b) 
 involuntarily, upon the court's determination that (1) the 
 person is unable to manage the person's property and affairs 
 effectively because the person is an incapacitated person, and 
 (2) the person has property which will be dissipated unless 
 proper management is provided, or that funds are needed for the 
 support, care and welfare of the person or those entitled to be 
 supported by the person, and (3) a guardian or conservator is 
 necessary to adequately protect the person's estate or financial 
 affairs; or (c) involuntarily, upon the court's determination 
 that an indigent incapacitated person is institutionalized and 
 has a demonstrated need for guardianship or conservatorship 
 services beyond financial services available through the 
 institution as required by chapter 144A and sections 256B.35 and 
 256B.36, or through the county human services agency, to the 
 extent the agency provides these services.  The need for a 
 guardian or conservator may not be based solely on the fact that 
 the ward or conservatee is a recipient of medical assistance or 
 is institutionalized.  "Incapacitated person" means, in the case 
 of guardianship or conservatorship of the estate of an adult, 
 any adult person who is impaired to the extent that the person 
 lacks sufficient understanding or capacity to make or 
 communicate responsible decisions concerning the person's estate 
 or financial affairs, and who has demonstrated deficits in 
 behavior which evidence an inability to manage the estate, or 
 who is unable to manage the estate or financial affairs 
 effectively by reason of detention by a foreign power or 
 disappearance. 

    Subd. 4.    Voting.  The appointment of a conservator 
 shall not deprive the conservatee of the right to vote, unless 
 the right is restricted by court order.  

    Subd. 5.    Competency.  Appointment of a guardian is 
 evidence of the incompetency of the incapacitated person.  
 Appointment of a conservator is not evidence of incompetency.  

    Subd. 6.    Authority to appoint guardian.  Nothing 
 contained in this section shall diminish the power of the court 
 to appoint a guardian to serve or protect the interest of any 
 person under disability in any proceedings therein.  

    Subd. 7.    Certain protective arrangements.  If it is 
 established in a proper proceeding under section 525.551 that a 
 basis exists for the appointment of a guardian or conservator, 
 the court, instead of appointing a guardian or conservator, may 
 (a) authorize, direct or ratify any transaction necessary or 
 desirable to achieve any security, service, or care arrangement 
 meeting the foreseeable needs of the protected person.  
 Protective arrangements include, but are not limited to:  
 payment, delivery, deposit or retention of funds or property; 
 sale, mortgage, lease or other transfer of property; entry into 
 an annuity contract, a contract for life care, a deposit 
 contract or a contract for training and education; or addition 
 to or establishment of a suitable trust; or (b) authorize, 
 direct or ratify any contract, trust or other transaction 
 relating to the protected person's financial affairs or 
 involving the protected person's estate if the court determines 
 that the transaction is in the best interests of the protected 
 person.  

    Before approving a protective arrangement or other 
 transaction under this subdivision, the court shall consider the 
 interests of creditors and dependents of the protected person 
 and, in view of the disability, whether the protected person 
 needs the continuing protection of a guardian or conservator.  
 The court may appoint a special conservator with or without bond 
 to assist in the accomplishment of any protective arrangement or 
 other transaction authorized under this subdivision, who shall 
 have the authority conferred by the order and serve until 
 discharged by order after making a report to the court of all 
 matters done pursuant to the order of appointment.  

    HIST: (8992-129) 1935 c 72 s 129; 1971 c 588 s 1; 1973 c 618 s 
 1; 1980 c 493 s 2; 1981 c 313 s 2; 1986 c 444; 1988 c 456 s 1; 
 1993 c 118 s 1,2 

     525.541 Petitioners. 

    Any person may petition for the appointment of a guardian 
 or conservator or for a protective order for any person believed 
 to be subject to guardianship or conservatorship.  The petition 
 of an adult person for the appointment of a guardian or 
 conservator of that person or that person's estate shall have 
 priority over the petition of any other person.  

    HIST: (8992-130) 1935 c 72 s 130; 1973 c 618 s 2; 1980 c 493 s 
 3; 1981 c 313 s 3; 1986 c 444 

     525.542 Contents of petition. 

    Subdivision 1.    Information.  The petition shall show 
 (1) the name and address of the person for whom a guardian or 
 conservator, is sought, (2) the date of birth, (3) the names and 
 addresses of living parents, children, brothers and sisters, or 
 in the event that none of these persons are living, the names 
 and addresses of nearest kindred, (4) if married, the name and 
 address of the spouse, (5) the grounds for the guardianship or 
 conservatorship, with a statement that the proposed ward or 
 conservatee may demand a written bill of particulars, (6) if 
 conservatorship is requested, the powers the petitioner believes 
 are necessary in order for a conservator to protect and 
 supervise the proposed conservatee's person or property, (7) the 
 probable value and general character of real and personal 
 property and the probable amount of debts, (8) the names, ages, 
 addresses, and occupations of the proposed guardians or 
 conservators.  

    Subd. 2.    Bill of particulars.  A bill of particulars 
 may be requested from the petitioner by the proposed ward or 
 conservatee, and when so requested shall be delivered to the 
 proposed ward or conservatee within ten days or prior to the 
 hearing, whichever is sooner.  The bill of particulars shall be 
 in writing and shall include specific factual information which 
 the petitioner believes supports the need for appointment of a 
 guardian or conservator, such as mental and physical condition, 
 financial transactions, personal actions, or actual occurrences 
 which are claimed to demonstrate the proposed ward's or 
 conservatee's inability to manage the estate, or to provide for 
 personal needs for food, clothing, shelter or health care.  

    HIST: (8992-131) 1935 c 72 s 131; 1973 c 618 s 3; 1980 c 493 s 
 4; 1981 c 313 s 4; 1986 c 444 

     525.543 Lis pendens. 

    After the filing of the petition, a certificate of the 
 district court certified to that fact may be filed for record in 
 the office of the county recorder of any county in which any 
 real estate owned by the proposed ward or conservatee is 
 situated and if a resident of this state, in the county of 
 residence.  The certificate shall state that a petition is 
 pending and the name and address of the person for whom a 
 guardian or conservator is sought.  If a guardian or conservator 
 is appointed on the petition, and, in the case of a 
 conservatorship, if the conservatorship order removes or 
 restricts the right of the conservatee to transfer property or 
 to contract, then all contracts except for necessaries, and all 
 transfers of real or personal property made by the ward or 
 conservatee after the filing and before the termination of the 
 guardianship or conservatorship shall be void. 

    HIST: (8992-132) 1935 c 72 s 132; 1961 c 578 s 1; 1973 c 618 s 
 4; 1976 c 181 s 2; 1980 c 493 s 5; 1981 c 313 s 5; 1986 c 444; 
 1995 c 189 s 8; 1996 c 277 s 1 

     525.544 Nomination or appointment of guardian or 
  conservator. 

    Subdivision 1.    By proposed ward or conservatee.  (a) 
 In the petition or in a written instrument executed before or 
 after the petition is filed, the proposed ward or conservatee 
 may, if acting with sufficient capacity to form an intelligent 
 preference, nominate a conservator or guardian or give 
 instructions to the conservator or guardian.  

    (b) The written instrument must either: 

    (1) be executed and attested in the same manner as a will; 
 or 

    (2) be signed by the proposed ward or conservatee, or in 
 the proposed ward's or conservatee's name by some other 
 individual in the presence of and at the direction of the 
 proposed ward or conservatee, and acknowledged by the proposed 
 ward or conservatee before a notary public who is not the 
 nominated conservator or guardian.  

    (c) The court shall appoint the person so nominated as 
 conservator or guardian and shall charge the person with the 
 instructions, unless the court finds that the appointment of the 
 nominee or the instructions are not in the best interests of the 
 proposed ward or conservatee. 

    Subd. 2.    Other cases.  If the proposed ward or 
 conservatee lacks capacity or fails to nominate a conservator or 
 guardian, the court may appoint a qualified person after review 
 by a screening committee as provided in section 525.54, 
 subdivision 1, if any, if the court finds that the person's 
 appointment is in the best interests of the proposed ward or 
 conservatee.  A proposed guardian or conservator need not reside 
 in this state if the proposed guardian or conservator is able to 
 maintain a current understanding of the ward's or conservatee's 
 physical and mental status and needs.  If the proposed ward or 
 conservatee lacks capacity or fails to give instructions, the 
 court may give the guardian or conservator powers as required in 
 accordance with section 525.56.  If the proposed ward or 
 conservatee is indigent, the court may appoint a guardian or 
 conservator under contract with the county, or a public or 
 private agency under contract with the county, to provide these 
 services. 

    HIST: 1973 c 618 s 5; 1980 c 348 s 1; 1980 c 493 s 6; 1986 c 
 444; 1Sp1986 c 3 art 3 s 6; 1988 c 456 s 2; 1993 c 118 s 3; 1999 
 c 171 s 4 

     525.55 Notice of hearing. 

    Subdivision 1.    Time of notice; to whom given.  In all 
 cases, upon the filing of the petition the court shall fix the 
 time and place for the hearing and shall order that notice be 
 given of the hearing.  At least 14 days prior to the hearing, 
 personal service of the notice shall be made upon the proposed 
 ward or conservatee.  Notice by mail postmarked at least 14 days 
 before the hearing shall also be served on: 

    (1) the spouse, parents, adult children, brothers and 
 sisters; 

    (2) 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 

    (3) if none of those in clause (1) or (2) are alive or can 
 be located, on the nearest kindred as determined by the court, 
 and on any other persons the court may direct. 

    If the person is a patient, resident, or client of any 
 hospital, nursing home, home care agency, or other institution, 
 notice by mail shall also be given to the administrative head of 
 the institution.  If the person is a nonresident or if after 
 diligent search cannot be found in this state, notice shall be 
 given in the manner and to those persons as the court may 
 determine. 

    Subd. 2.    Form; service.  The notice shall be written 
 in language which can be easily understood.  Included with the 
 notice shall be a copy of the petition.  The notice shall 
 contain information regarding the nature, purpose and legal 
 effects of the guardianship or conservatorship proceedings on 
 the proposed ward or conservatee.  The notice shall state that 
 the person may be adjudged incapable of self care for person or 
 property, and by reason thereof, a guardian or conservator may 
 be appointed, and that the adjudication may transfer to the 
 appointed guardian or conservator certain rights, including the 
 right to manage and control property, to enter into contracts 
 and to determine residence.  The notice shall further contain 
 information regarding the rights of the proposed ward or 
 conservatee in the proceeding, including the right to attend the 
 hearing, to be represented by an attorney, to oppose the 
 proceeding, and to present evidence.  The notice shall state 
 that if the proposed ward or conservatee wishes to exercise the 
 right to be represented by an attorney, that person must either 
 obtain counsel of choice, or ask the court to appoint an 
 attorney to represent that person, and that the county shall pay 
 a reasonable attorney's fee if that person is indigent.  The 
 procedure for requesting a court appointed attorney shall be 
 described in the notice.  If the proposed ward or conservatee is 
 a patient, resident, or client of any hospital, nursing home, 
 home care agency, or other institution, the notice must further 
 require the institution to advise the court of the existence, if 
 known, of a health care directive, as defined in section 
 145C.01, executed by the proposed ward or conservatee, a living 
 will executed under chapter 145B, or any other similar document 
 executed in another state and enforceable under the laws of this 
 state. 

    The process server shall inquire whether the proposed ward 
 or conservatee desires the notice and petition to be read to 
 that person, and shall read the notice and petition if requested 
 to do so.  In place of a process server, the court may appoint a 
 visitor to deliver the notice and petition and explain them to 
 the proposed ward or conservatee.  

    Subd. 3.    Defective notice or service.  A defect in 
 the service of notice or process, other than personal service 
 upon the proposed ward or conservatee within the time allowed 
 and the form prescribed in subdivisions 1 and 2, shall not 
 invalidate any guardianship or conservatorship proceedings. 

    HIST: (8992-133) 1935 c 72 s 133; 1973 c 618 s 6; 1980 c 493 s 
 7; 1981 c 313 s 6; 1982 c 472 s 2,3; 1986 c 444; 1998 c 399 s 
 32,33 

     525.5501 Right to counsel. 

    Subdivision 1.    General.  A proposed ward or 
 conservatee has the right to be represented by counsel at any 
 proceeding under this chapter.  The court shall appoint counsel 
 to represent the proposed ward or conservatee for the initial 
 proceeding held pursuant to section 525.551 if neither the 
 proposed ward or conservatee nor others provide counsel unless 
 in a meeting with a visitor the proposed ward or conservatee 
 specifically waives the right to counsel.  Counsel must be 
 appointed immediately after any petition under this chapter is 
 served under section 525.55. 

    Counsel has the full right of subpoena.  In all proceedings 
 under this chapter, counsel shall: 

    (1) consult with the proposed ward or proposed conservatee 
 before any hearing; 

    (2) be given adequate time to prepare for all hearings; and 

    (3) continue to represent the person throughout any 
 proceedings under section 525.551 unless released as counsel by 
 the court. 

    The court need not appoint counsel to represent the 
 proposed ward or conservatee on a voluntary petition and the 
 court may remove a court-appointed attorney at any time if the 
 court finds that the proposed ward or conservatee has made a 
 knowing and intelligent waiver of the right to counsel or has 
 obtained private counsel. 

    Subd. 2.    Filing fee surcharge.  A person who pays a 
 filing fee for a petition or application under this chapter and 
 chapter 524 shall pay a surcharge of $20, in addition to the 
 filing fee and other surcharges imposed by law.  The court 
 administrator shall transmit the surcharge to the county 
 treasurer for deposit in the county treasury. 

    Subd. 3.    Payment of counsel.  A proposed ward or 
 conservatee shall pay the costs of counsel out of assets of, or 
 available to, the ward or conservatee.  If the proposed ward or 
 conservatee is indigent, the costs of counsel shall be paid by 
 the county from amounts deposited in the county treasury under 
 subdivision 2. 

    Subd. 4.    Exclusion.  This section does not apply in 
 the counties that make up the eighth judicial district. 

    HIST: 1990 c 578 s 1; 1991 c 281 s 3 

     525.551 Hearing; appointment; bond; prosecution; notice. 

    Subdivision 1.    Attendance at hearing.  If the 
 proposed ward or conservatee is within the state, that person 
 shall be present at the hearing unless in a meeting with a 
 visitor that person specifically waives the right to appear in 
 person or is not able to attend by reason of medical condition 
 as evidenced by a written statement from a licensed physician.  
 The written statement shall be evidence only of the proposed 
 ward's or conservatee's medical inability to attend the hearing, 
 and shall not be considered in determining the issue of 
 incapacity.  The written statement must also inform the court of 
 the physician's knowledge, if any, of the existence of a health 
 care directive, as defined in section 145C.01, executed by the 
 proposed ward or conservatee, a living will executed under 
 chapter 145B, or any other similar document executed in another 
 state and enforceable under the laws of this state.  In any 
 instance in which a proposed ward or conservatee is absent from 
 the hearing, the court shall specify in its findings of fact the 
 reason for nonattendance. 

    If a visitor delivered the notice and petition pursuant to 
 section 525.55 and the proposed ward or conservatee has waived 
 the right to attend the hearing, the visitor may testify as to 
 the notice and any waiver of the right to appear in person, and 
 as to other matters which may assist the court in determining 
 the need for a guardian or conservator and the extent of the 
 power to be granted.  

    Subd. 2.    Interchangeability of petition.  If the 
 circumstances warrant, the court may treat a petition for 
 guardianship as a petition for conservatorship. 

    Subd. 3.    Conduct of hearing; proof.  The proposed 
 ward or conservatee has the right to summon and cross-examine 
 witnesses.  The rules of evidence apply.  In the proceedings, 
 there is a legal presumption of capacity and the burden of proof 
 is on the petitioner.  The standard of proof is that of clear 
 and convincing evidence. 

    Subd. 4.    Record of proceedings.  In all proceedings 
 the court shall take and preserve an accurate stenographic 
 record or tape recording of the proceedings. 

    Subd. 5.    Findings.  In all cases the court shall make 
 specific written findings of fact, state separately its 
 conclusions of law, and direct the entry of an appropriate 
 judgment or order. 

    If upon completion of the hearing and consideration of the 
 record the court finds:  (a) that the requirements for the 
 voluntary appointment of a conservator or guardian have been 
 met, or (b)(1) that the proposed ward or conservatee is 
 incapacitated as defined in section 525.54; and (2) in need of 
 the supervision and protection of a guardian or conservator; and 
 (3) that no appropriate alternatives to the guardianship or 
 conservatorship exist which are less restrictive of the person's 
 civil rights and liberties, such as those set forth in section 
 525.54, subdivision 7, it shall enter its order or judgment 
 granting all of the powers set out in section 525.56, 
 subdivision 3, in the case of a guardian of the person, and 
 section 525.56, subdivision 4, in the case of a guardian of the 
 estate, or specifying the powers of the conservator pursuant to 
 section 525.56.  The court shall make a finding that appointment 
 of the person chosen as guardian or conservator is in the best 
 interests of the ward or conservatee.  Except as provided in 
 section 525.544, subdivision 1, if more than one person has 
 petitioned the court to serve as guardian or conservator, or if 
 the petition is contested, the court shall make a finding that 
 the person to be appointed as guardian or conservator is the 
 most suitable and best qualified person among those who are 
 available before making the appointment.  The court's finding as 
 to the best available guardian must specifically address the 
 reasons for the court's determination that the appointment of 
 that person is in the best interests of the ward or 
 conservatee.  The court must also clarify the respective legal 
 authorities of a guardian or conservator appointed under this 
 chapter and any existing health care agent or proxy appointed 
 under 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. 

    The court may enumerate in its findings which legal rights 
 the proposed ward or conservatee is incapable of exercising. 

    Subd. 6.    Bond.  Upon the filing of a bond by the 
 guardian or conservator of an estate in an amount the court may 
 direct and an oath according to law, or upon the filing of an 
 acceptance of the trust pursuant to section 48A.08, subdivision 
 4, letters of guardianship or conservatorship shall issue.  If 
 there is no personal property, the court may waive the filing of 
 a bond, but if the guardian or conservator receives or becomes 
 entitled to any property of the ward or conservatee the guardian 
 or conservator shall immediately file a report thereof and a 
 bond in an amount the court may direct.  In case of breach of a 
 condition of the bond an action thereon may be prosecuted by 
 leave of the court by any interested person or by the court on 
 its own motion. 

    Subd. 7.    Notification.  If a patient of a state 
 hospital, regional center, or any state-operated service has a 
 guardianship or conservatorship established, modified, or 
 terminated, the head of the state hospital, regional center, or 
 state-operated service shall be notified.  If a ward or 
 conservatee is under the guardianship or conservatorship of the 
 commissioner of human services as mentally retarded or dependent 
 and neglected or is under the temporary custody of the 
 commissioner of human services, the court shall notify the 
 commissioner of human services if the public guardianship or 
 conservatorship is established, modified, or terminated.  

    HIST: (8992-134) 1935 c 72 s 134; 1959 c 525 s 1; 1973 c 618 s 
 7; 1975 c 347 s 114; 1979 c 43 s 2; 1980 c 493 s 8; 1981 c 313 s 
 7; 1982 c 424 s 117; 1982 c 472 s 4; 1984 c 654 art 5 s 58; 1986 
 c 444; 1Sp1986 c 3 art 3 s 7; 1Sp1993 c 1 art 3 s 41; 1998 c 331 
 s 39; 1998 c 399 s 34,35 

     525.5515 Letters of guardianship or conservatorship. 

    Subdivision 1.    Copy of order to ward or conservatee.  
 A copy of the order appointing the guardian or conservator shall 
 be served by mail upon the ward or conservatee and that person's 
 counsel, if that person was represented at the hearing.  The 
 order shall be accompanied by a notice which advises the ward or 
 conservatee of the right to appeal the guardianship or 
 conservatorship appointment within 30 days. 

    Subd. 2.    Contents of letters.  Letters of 
 guardianship or conservatorship shall issue to the guardian or 
 conservator.  They shall contain:  (a) the name, address and 
 telephone number of the guardian or conservator; (b) the name, 
 address and telephone number of the ward or conservatee; (c) 
 whether it is of the estate or of the person or both; and (d) 
 the legal limitations, if any, imposed by the court on the 
 guardian or conservator. 

    Subd. 3. Repealed, 1982 c 472 s 11 

    HIST: 1980 c 493 s 9; 1981 c 313 s 8; 1982 c 472 s 5; 1986 c 
 444 

     525.552 Reduction of bond. 

    Any conservator or guardian may deposit money belonging to 
 the conservatee or ward, in a bank or trust company or in a 
 savings association and make the money subject to withdrawal 
 only upon order of the court.  Upon such deposit, the court may 
 reduce or waive bond.  

    HIST: 1973 c 618 s 8; 1995 c 202 art 1 s 25 

     525.56 Guardian's or conservator's powers and duties. 

    Subdivision 1.    Court's direction and control.  A 
 guardian or conservator shall be subject to the control and 
 direction of the court at all times and in all things. 

    Subd. 2.    Only necessary powers.  The court shall 
 grant to a guardian or conservator only those powers necessary 
 to provide for the demonstrated needs of the ward or conservatee.

    Subd. 3.    Specific powers and duties, guardian or 
 conservator of person.  The court may appoint a guardian of 
 the person if it determines that all the powers and duties 
 listed in this subdivision are needed to provide for the needs 
 of the incapacitated person.  The court may appoint a 
 conservator of the person if it determines that a conservator is 
 needed to provide for the needs of the incapacitated person 
 through the exercise of some, but not all, of the powers and 
 duties listed in this subdivision.  The duties and powers of a 
 guardian or those which the court may grant to a conservator of 
 the person include, but are not limited to: 

    (1) The power to have custody of the ward or conservatee 
 and the power to establish a place of abode within or without 
 the state, except as otherwise provided in this clause.  The 
 ward or conservatee or any person interested in the ward's or 
 conservatee's welfare may petition the court to prevent or to 
 initiate a change in abode.  A ward or conservatee may not be 
 admitted to a regional treatment center by the guardian or 
 conservator except (1) after a hearing pursuant to chapter 253B; 
 (2) for outpatient services; or (3) for the purpose of receiving 
 temporary care for a specific period of time not to exceed 90 
 days in any calendar year. 

    (2) The duty to provide for the ward's or conservatee's 
 care, comfort and maintenance needs, including food, clothing, 
 shelter, health care, social and recreational requirements, and, 
 whenever appropriate, training, education, and habilitation or 
 rehabilitation.  The guardian or conservator has no duty to pay 
 for these requirements out of personal funds.  Whenever possible 
 and appropriate, the guardian or conservator should meet these 
 requirements through governmental benefits or services to which 
 the ward or conservatee is entitled, rather than from the ward's 
 or conservatee's estate.  Failure to satisfy the needs and 
 requirements of this clause shall be grounds for removal of a 
 private guardian or conservator, but the guardian or conservator 
 shall have no personal or monetary liability.  

    (3) The duty to take reasonable care of the ward's or 
 conservatee's clothing, furniture, vehicles, and other personal 
 effects, and, if other property requires protection, the power 
 to seek appointment of a guardian or conservator of the estate.  
 The guardian or conservator must give notice in the manner 
 required and to those persons specified in section 525.55 prior 
 to the disposition of the ward's or conservatee's clothing, 
 furniture, vehicles, or other personal effects.  The notice must 
 inform the person of the right to object to the disposition of 
 the property within ten days and to petition the court for a 
 review of the guardian's or conservator's proposed actions.  
 Notice of the objection must be served by mail or personal 
 service on the guardian or conservator and the ward or 
 conservatee unless the ward or conservatee be the objector.  The 
 guardian or conservator served with notice of an objection to 
 the disposition of the property may not dispose of the property 
 unless the court approves the disposition after a hearing. 

    (4)(a) The power to give any necessary consent to enable 
 the ward or conservatee to receive necessary medical or other 
 professional care, counsel, treatment or service, except that no 
 guardian or conservator may give consent for psychosurgery, 
 electroshock, sterilization, or experimental treatment of any 
 kind unless the procedure is first approved by order of the 
 court as provided in this clause.  The guardian or conservator 
 shall not consent to any medical care for the ward or 
 conservatee which violates the known conscientious, religious, 
 or moral belief of the ward or conservatee. 

    (b) A guardian or conservator who believes a procedure 
 described in clause (4)(a) requiring prior court approval to be 
 necessary for the proper care of the ward or conservatee shall 
 petition the court for an order and, in the case of a public 
 guardianship or conservatorship under chapter 252A, obtain the 
 written recommendation of the commissioner of human services.  
 The court shall fix the time and place for the hearing and shall 
 give notice to the ward or conservatee and to the other persons 
 specified in section 525.55, subdivision 1.  The notice shall 
 comply with the requirements of, and be served in the manner 
 provided in section 525.55, subdivision 2.  The court shall 
 appoint an attorney to represent the ward or conservatee who is 
 not represented by counsel.  In every case the court shall 
 determine if the procedure is in the best interests of the ward 
 or conservatee.  In making its determination, the court shall 
 consider a written medical report which specifically considers 
 the medical risks of the procedure, whether alternative, less 
 restrictive methods of treatment could be used to protect the 
 best interests of the ward or conservatee, and any 
 recommendation of the commissioner of human services for a 
 public ward or conservatee.  The standard of proof is that of 
 clear and convincing evidence.  

    (c) In the case of a petition for sterilization of a 
 mentally retarded ward or conservatee, the court shall appoint a 
 licensed physician, a psychologist who is qualified in the 
 diagnosis and treatment of mental retardation, and a social 
 worker who is familiar with the ward's or conservatee's social 
 history and adjustment or the case manager for the ward or 
 conservatee to examine or evaluate the ward or conservatee and 
 to provide written reports to the court.  The reports shall 
 indicate why sterilization is being proposed, whether 
 sterilization is necessary and is the least intrusive method for 
 alleviating the problem presented, and whether it is in the best 
 interests of the ward or conservatee.  The medical report shall 
 specifically consider the medical risks of sterilization, the 
 consequences of not performing the sterilization, and whether 
 alternative methods of contraception could be used to protect 
 the best interests of the ward or conservatee. 

    (d) Any conservatee whose right to consent to a 
 sterilization has not been restricted under this section or 
 section 252A.101, may be sterilized only if the conservatee 
 consents in writing or there is a sworn acknowledgment by an 
 interested person of a nonwritten consent by the conservatee.  
 The consent must certify that the conservatee has received a 
 full explanation from a physician or registered nurse of the 
 nature and irreversible consequences of the sterilization 
 operation.  

    (e) A guardian or conservator or the public guardian's 
 designee who acts within the scope of authority conferred by 
 letters of guardianship under section 252A.101, subdivision 7, 
 and according to the standards established in this chapter or in 
 chapter 252A shall not be civilly or criminally liable for the 
 provision of any necessary medical care, including but not 
 limited to, the administration of psychotropic medication or the 
 implementation of aversive and deprivation procedures to which 
 the guardian or conservator or the public guardian's designee 
 has consented. 

    (5) The power to approve or withhold approval of any 
 contract, except for necessities, which the ward or conservatee 
 may make or wish to make. 

    (6) The duty and power to exercise supervisory authority 
 over the ward or conservatee in a manner which limits civil 
 rights and restricts personal freedom only to the extent 
 necessary to provide needed care and services.  

    Subd. 4.    Duties of guardian or conservator of the 
 estate.  The court may appoint a guardian of the estate if it 
 determines that all the powers and duties listed in this 
 subdivision are needed to provide for the needs of the 
 incapacitated person.  The court may appoint a conservator of 
 the estate if it determines that a conservator is necessary to 
 provide for the needs of the incapacitated person through the 
 exercise of some, but not all, of the powers and duties listed 
 in this subdivision.  The duties and powers of a guardian or 
 those which the court may grant to a conservator include, but 
 are not limited to: 

    (1) The duty to pay the reasonable charges for the support, 
 maintenance, and education of the ward or conservatee in a 
 manner suitable to the ward's or conservatee's station in life 
 and the value of the estate.  Nothing herein contained shall 
 release parents from obligations imposed by law for the support, 
 maintenance, and education of their children.  The guardian or 
 conservator has no duty to pay for these requirements out of 
 personal funds.  Wherever possible and appropriate, the guardian 
 or conservator should meet these requirements through 
 governmental benefits or services to which the ward or 
 conservatee is entitled, rather than from the ward's or 
 conservatee's estate.  Failure to satisfy the needs and 
 requirements of this clause shall be grounds for removal, but 
 the guardian or conservator shall have no personal or monetary 
 liability; 

    (2) The duty to pay out of the ward's or conservatee's 
 estate all just and lawful debts of the ward or conservatee and 
 the reasonable charges incurred for the support, maintenance, 
 and education of the ward's or conservatee's spouse and 
 dependent children and, upon order of the court, pay such sum as 
 the court may fix as reasonable for the support of any person 
 unable to earn a livelihood who is legally entitled to support 
 from the ward or conservatee; 

    (3) The duty to possess and manage the estate, collect all 
 debts and claims in favor of the ward or conservatee, or, with 
 the approval of the court, compromise them, institute suit on 
 behalf of the ward or conservatee and represent the ward or 
 conservatee in any court proceedings, and invest all funds not 
 currently needed for the debts and charges named in clauses (1) 
 and (2) and the management of the estate, in accordance with the 
 provisions of sections 48A.07, subdivision 6, and 501B.151, or 
 as otherwise ordered by the court.  The standard of a fiduciary 
 shall be applicable to all investments by a guardian or 
 conservator.  A guardian or conservator shall also have the 
 power to purchase certain contracts of insurance as provided in 
 section 50.14, subdivision 14, clause (b); 

    (4) Where a ward or conservatee has inherited an undivided 
 interest in real estate, the court, on a showing that it is for 
 the best interest of the ward or conservatee, may authorize an 
 exchange or sale of the ward's or conservatee's interest or a 
 purchase by the ward or conservatee of any interest other heirs 
 may have in the real estate.  

    Subd. 5.    Transaction set aside.  If a ward or 
 conservatee has made a financial transaction or gift or entered 
 into a contract during the two-year period before establishment 
 of the guardianship or conservatorship, the guardian or 
 conservator may petition for court review of the transaction, 
 gift, or contract.  If the court finds that the ward or 
 conservatee was incompetent or subject to duress, coercion, or 
 undue influence when the transaction, gift, or contract was 
 made, the court may declare the transaction, gift, or contract 
 void except as against a bona fide transferee for value and 
 order reimbursement or other appropriate relief.  This 
 subdivision does not affect any other right or remedy that may 
 be available to the ward or conservatee with respect to the 
 transaction, gift, or contract. 

    HIST: (8992-135) 1935 c 72 s 135; 1941 c 395 s 1; 1947 c 209 s 
 1; 1953 c 457 s 1; 1961 c 288 s 1; 1973 c 618 s 9; 1980 c 493 s 
 10; 1981 c 313 s 9,10; 1986 c 444; 1987 c 185 art 2 s 4; 1987 c 
 403 art 2 s 152; 1989 c 340 art 2 s 4; 1991 c 118 s 1; 1996 c 
 314 s 6; 1998 c 331 s 40 

     525.561 Contents of inventory.  

    Within one month after appointment, unless a longer time 
 has been granted by the court, every guardian or conservator 
 shall make and exhibit to the court a verified inventory of all 
 the estate of the ward or conservatee which shall have come to 
 the guardian's or conservator's possession or knowledge.  Such 
 property shall be classified therein as follows:  (1) real 
 estate, with plat or survey description, and if a homestead, 
 designated as such, (2) furniture and household goods, (3) 
 wearing apparel, (4) corporation stocks described by certificate 
 numbers, (5) mortgages, bonds, notes, and other written evidence 
 of debt, described by name of debtor, recording data, or other 
 identification, (6) all other personal property accurately 
 identified.  All encumbrances, liens, and other charges on any 
 item shall be stated.  The guardian or conservator shall set 
 forth in the inventory the fair market value of all assets 
 listed therein.  If appraisers are appointed by the court, the 
 value of assets other than those assets specified in section 
 525.562, subdivision 1, clause (b) shall be determined by the 
 court appointed appraisers.  Such value shall be the value at 
 the date of appointment of the guardian or conservator.  Such 
 inventory shall show the net value of each item after deducting 
 all encumbrances, liens and charges and the total net value of 
 each class of items and of all classes.  

    HIST: 1975 c 347 s 115; 1986 c 444 

     525.562 Appraisal.  

    Subdivision 1.  For the usual purposes of administration, 
 the inventory filed by the guardian or conservator pursuant to 
 section 525.561 shall be sufficient without any appraisal of 
 assets by court appointed appraisers in the following instances: 

    (a) Where no sale of assets is to be made, and then an 
 appraisal shall be had only as to assets which are to be sold 
 and which are not included in clause (b) below.  

    (b) As to the following assets: 

    (1) Cash or deposits in any financial institution; 

    (2) Securities, bonds or other obligations of the United 
 States government or agency thereof; and 

    (3) Securities listed on the New York Stock Exchange or the 
 American Stock Exchange, and such other securities markets as 
 may be designated by a rule of court, if the market value 
 thereof can be readily ascertained.  

    Subd. 2.  In all other instances, and in all instances 
 enumerated under clauses (a) and (b) above where an appraisal is 
 necessary for some special administrative purpose, the court 
 shall appoint two or more disinterested and qualified appraisers 
 who shall appraise the assets required to be appraised and shall 
 set down in figures after each item after deducting the 
 encumbrances, liens and charges, the net value thereof and show 
 the total amount of each class, and of all classes, and 
 forthwith deliver such inventory and appraisal certified by 
 them, to the guardian, or conservator, who shall immediately 
 file the same.  Such assets shall be appraised at the fair 
 market value thereof as of the date of the appointment of the 
 guardian or conservator or time of sale of assets as 
 circumstances may require as directed by the court.  

    Subd. 3.  The appraisers shall be allowed such reasonable 
 fees, necessary disbursements and expenses as may be fixed by 
 the court, and be paid by the guardian or conservator as 
 expenses of guardianship or conservatorship.  In fixing the fee 
 so allowed, the court shall not give any consideration to items 
 not requiring appraisal by this section, even though such assets 
 be included with other appraisable assets in an inventory and 
 appraisal filed pursuant hereto.  

    HIST: 1975 c 347 s 116 

     525.57 Transfer of venue. 

    When it is for the best interest of the ward or conservatee 
 or the estate the venue may be transferred to another county. 
 Upon the filing of a petition by any person interested in the 
 ward or conservatee or in the estate the court shall fix the 
 time and place for the hearing thereof, and shall give notice to 
 the persons and in the manner required by section 525.55.  Upon 
 proof that a transfer of venue is for the best interest of the 
 ward or conservatee or the estate, and upon the settlement and 
 allowance of the guardian's or conservator's accounts to the 
 time of the hearing, the court shall transmit the entire file to 
 the court of the other county where all subsequent proceedings 
 shall be held. 

    HIST: (8992-136) 1935 c 72 s 136; 1973 c 618 s 10; 1980 c 493 
 s 11; 1986 c 444 

     525.58 Filing of accounts; filing of affidavit. 

    Subdivision 1.    Annual account.  Except where 
 expressly waived or modified by the court, every guardian or 
 conservator of the estate annually shall file with the court 
 within 30 days of the anniversary date of the guardian's or 
 conservator's appointment a verified account covering the period 
 from the date of appointment or the last account.  The guardian 
 or conservator of the estate shall give a copy of the annual 
 account to the ward or conservatee except where expressly waived 
 by the court after a finding that the ward or conservatee is so 
 incapacitated as to be unable to understand the account or there 
 is a serious likelihood of harm to the ward or conservatee.  The 
 court or its designee shall annually review the court file to 
 insure that the account has been filed and that the account 
 contains the information required by this section.  If an 
 account has not been filed or if the account does not contain 
 the information required by this section the court shall order 
 the guardian or conservator to file an appropriate account.  The 
 examination and acceptance shall not constitute an adjudication 
 or determination of the merits of the account filed nor shall it 
 constitute the court's approval of the account.  At the 
 termination of the guardianship or conservatorship, or upon the 
 guardian's or conservator's removal or resignation, the guardian 
 or conservator or the surety, or in the event of death or 
 disability, the guardian's or conservator's representative or 
 surety shall file a verified final account with a petition for 
 the settlement and allowance thereof.  Every account shall show 
 in detail all property received and disbursed, the property on 
 hand, the present address of the ward or conservatee and of the 
 guardian or conservator, and unless the guardian or conservator 
 be a corporation, the amount of the bond, the names and 
 addresses of all sureties thereon, that each unincorporated 
 surety is a resident of this state, is not under disability, and 
 is worth the amount in which the surety justified. 

    Subd. 2.    Notice of right to petition for restoration of 
 capacity.  Except where expressly waived by the court after a 
 finding that the ward or conservatee is so incapacitated as to 
 be unable to understand any notice, or there is a serious 
 likelihood of harm to the ward or conservatee, every guardian or 
 conservator shall annually give notice to the ward or 
 conservatee of the right to petition for restoration to 
 capacity, discharge of guardian or conservator, or modification 
 of the orders of guardianship or conservatorship.  A waiver 
 shall not be effective for more than two years without a 
 redetermination by the court.  The notice shall describe the 
 procedure for preparing and filing such a petition.  Notice 
 shall also inform the ward or conservatee that after a petition 
 is filed the court will hold a hearing on the matter and that 
 the ward or conservatee has the right to be present and to be 
 represented by counsel at the hearing.  The form of the notice 
 shall be approved or supplied by the court. 

    Subd. 3.    Affidavit.  Except where expressly waived by 
 the court as provided in subdivision 2, every guardian or 
 conservator shall file annually with the court an affidavit of 
 having given the notice required by subdivision 2 to the ward or 
 conservatee and every guardian or conservator of an estate shall 
 file an affidavit stating that a copy of the annual account has 
 been given to the ward or conservatee.  

    Subd. 4.    Annual report of the guardian of the person. 
  Except where expressly waived by the court, every guardian or 
 conservator of the person shall annually file a report under 
 oath with the court within 30 days of the anniversary date of 
 the appointment of the guardian or conservator.  The report 
 shall contain the guardian's or conservator's good faith 
 evaluation of the following information for the preceding year:  

    (a) changes in the medical condition of the ward or 
 conservatee; 

    (b) changes in the living conditions of the ward or 
 conservatee; 

    (c) changes in the mental and emotional condition of the 
 ward or conservatee; 

    (d) a listing of hospitalizations of the ward or 
 conservatee; and 

    (e) if the ward or conservatee is institutionalized, an 
 evaluation of the care and treatment received by the ward or 
 conservatee, and if the ward or conservatee is indigent, a 
 review of the continued need for guardian or conservator 
 services beyond those provided by the institution or the county 
 human services agency.  The court shall request the assistance 
 of the county human services agency to assist in making this 
 need determination.  If a continued need for guardian or 
 conservator services exists, the county may contract for these 
 services with other public or private agencies.  

    The court or its designee shall annually review the court 
 file to insure that the report has been filed and that the 
 report contains the information required by this subdivision.  
 If a report has not been filed or if the report does not contain 
 the information required by this subdivision, the court shall 
 order the guardian or conservator to file an appropriate report. 

    HIST: (8992-137) 1935 c 72 s 137; 1973 c 618 s 11; 1980 c 493 
 s 12; 1981 c 313 s 11; 1982 c 401 s 1; 1983 c 51 s 1; 1986 c 
 444; 1993 c 118 s 4 

     525.581 Notice of hearing on account. 

    The court on its own motion may, or upon the petition of 
 the guardian, conservator, ward, conservatee, or any person 
 interested in the ward or conservatee or the ward's or 
 conservatee's estate shall, fix the time and place for the 
 hearing on any account, notice of which shall be given to the 
 ward or conservatee and to other persons as the court may 
 direct.  Wherever any funds have been received from the 
 veterans' administration, notice by mail shall be given to the 
 regional office having charge thereof. 

    HIST: (8992-138) 1935 c 72 s 138; 1973 c 618 s 12; 1980 c 493 
 s 13; 1986 c 444 

     525.582 Adjudication on account. 

    (a) Unless otherwise ordered, the guardian or conservator 
 shall, and other persons may, be examined on the hearing.  If 
 the account be correct, it shall be settled and allowed; if 
 incorrect, it shall be corrected and then settled and allowed.  
 The order of settlement and allowance shall show the amount of 
 the personal property remaining. Upon settlement of the final 
 account, and upon delivery of the property on hand to the person 
 entitled thereto, the court shall discharge the guardian or 
 conservator and the sureties.  Any person for whom a guardian or 
 conservator has been appointed and who has become of age or has 
 been restored to capacity may show to the court that the person 
 has settled with the guardian or conservator and may petition 
 for the guardian's or conservator's discharge without further 
 hearing.  Upon such petition, the court may discharge the 
 guardian or conservator and the sureties. 

    (b) If, after hearing on notice as the court may require to 
 the guardian, conservator and any surety, there is determined to 
 be mismanagement, a shortage of funds, or other misconduct for 
 which the guardian, conservator or a surety is liable, the court 
 shall settle the account and enter judgment against the 
 guardian, conservator or any surety as may be appropriate.  The 
 judgment may be filed, docketed and enforced in the same manner 
 as any other judgment.  This remedy is in addition to any other 
 remedy available for breach of any condition of the bond. 

    (c) The resignation of a guardian or conservator shall not 
 take effect until the court examines and allows the final 
 account and makes an order accepting the resignation. 

    (d) If a guardian or conservator becomes unsuitable, 
 incapacitated or disabled, or violates the trust or fails to 
 perform any duty imposed by law or the lawful order of the 
 court, the court upon petition or the court's own motion may 
 remove the guardian or conservator after notice. 

    HIST: (8992-139) 1935 c 72 s 139; 1973 c 618 s 13; 1977 c 153 
 s 1; 1986 c 444 

     525.583 Allowance and wages of conservatee; limited 
  accountability of conservator. 

    The court, upon its own motion or upon petition of the 
 conservator or conservatee, may authorize or direct the 
 conservator to pay to the conservatee out of the conservatorship 
 estate a reasonable allowance for the personal use of the 
 conservatee in the amount the court may determine to be for the 
 best interests of the conservatee.  Unless otherwise ordered by 
 the court, if the conservatee shall at any time during the 
 continuance of the conservatorship be employed, the wages or 
 salary for employment shall not be a part of the conservatorship 
 estate and the wages and salaries shall be paid to, and be 
 subject to the control of, the conservatee to the same extent as 
 if the conservatorship did not exist.  The conservator shall not 
 be accountable for the allowances or wages and salary. 

    HIST: 1973 c 618 s 14; 1980 c 493 s 14; 1986 c 444 

     525.59 Succeeding guardian or conservator. 

    If a guardian or conservator dies, resigns, or is removed, 
 the court may appoint a successor with at least 14 days prior 
 notice to the ward or conservatee, a spouse, parents, adult 
 children and siblings, and to other persons as the court may 
 direct.  A ward or conservatee having capacity to do so may 
 nominate a person to serve as successor or may give instructions 
 to the succeeding guardian or conservator or may do both.  The 
 court shall appoint the person so nominated and shall charge the 
 appointee with the instructions, unless the court finds that the 
 appointment of the nominee or the instructions or both are not 
 in the best interests of the ward or conservatee. 

    HIST: (8992-140) 1935 c 72 s 140; 1973 c 618 s 15; 1980 c 493 
 s 15; 1986 c 444 

     525.591 Special guardian or conservator. 

    Subdivision 1.    Petition.  A person may file a 
 verified petition for a special guardian or conservator.  The 
 petition must contain: 

    (1) all of the information required in section 525.542; 

    (2) the reasons that the petitioner believes the proposed 
 ward or conservatee is in need of a special guardian or 
 conservator; and 

    (3) the reasons why the regular procedure for obtaining 
 guardianship or conservatorship is not appropriate.  

    Subd. 2.    Hearing on application; notice.  Upon 
 receipt of a petition under this section, the court shall order 
 a hearing to be held no later than 14 days from the date of the 
 order and no sooner than 48 hours from the date of the order.  
 Personal service notifying the proposed conservatee or ward of 
 the scheduled hearing must be made immediately after receipt of 
 a hearing date and at least 48 hours before the scheduled 
 hearing date.  Notice must be given in language which can be 
 easily understood and must contain the information required by 
 section 525.55, subdivision 2, regarding the purpose of the 
 hearing and the rights of the proposed ward or conservatee.  A 
 copy of the petition must be served with the notice.  

    Subd. 2a.    Emergency appointment.  (a) The court may 
 waive the notice and hearing requirements in subdivision 2 upon 
 a showing that immediate and reasonably foreseeable and 
 irreparable harm to the person or the person's estate will 
 result from a 48-hour delay.  The court must make findings of 
 fact in its order that support such a showing.  Only under those 
 circumstances may the court appoint a special guardian or 
 conservator without notice.  Notice of an appointment must be 
 personally served on the proposed ward or conservatee.  

    (b) An appointment without notice or hearing under 
 paragraph (a) expires seven days after the court's order unless 
 the petitioner has scheduled a hearing under subdivision 2, in 
 which case the special conservatorship or special guardianship 
 remains in effect until the hearing. 

    Subd. 2b.    Adults; showing required.  Only upon a 
 clear showing of necessity may a court appoint any special 
 guardian or special conservator of an adult person, as 
 designated in section 525.54, whether or not a petition for 
 general guardianship or conservatorship has been filed.  In its 
 order, the court must make specific findings of fact 
 establishing the necessity of the appointment of the special 
 guardian or conservator.  

    Subd. 3.    No appeal.  There shall be no appeal from 
 any order appointing or refusing to appoint a special guardian 
 or conservator.  

    Subd. 4.    Limited powers.  The court shall grant to a 
 special guardian or conservator only those powers necessary to 
 provide for the demonstrated needs of the ward or conservatee as 
 provided for in the powers enumerated and specified in section 
 525.56.  

    Subd. 5.    Inventory and appraisal.  Within 14 days 
 after appointment, a special guardian or conservator of the 
 estate shall file an inventory and appraisal of the personal 
 property according to the requirements of sections 525.561 and 
 525.562.  The court shall specify in its order the duration of 
 the special guardianship or conservatorship.  Except as 
 otherwise provided in this section, the appointment of a special 
 guardian or conservator may not exceed 30 days in duration.  A 
 county that is acting under section 626.557, subdivision 10, by 
 petitioning for appointment of a special guardian or conservator 
 on behalf of a vulnerable adult is not subject to this 30-day 
 limit. 

    Subd. 6.    Duration limits; exceptions.  If a petition 
 is filed requesting appointment of a general guardian or 
 conservator for a person for whom a special guardian or 
 conservator has been appointed, but a final hearing on the 
 petition cannot be held after proper notice within 30 days of 
 the appointment of the special guardian or conservator because 
 the petition becomes contested, a hearing date is not available 
 within the time limit or other good cause exists, the 
 appointment of the special guardian or conservator may be 
 extended as provided in this subdivision.  The court, on its own 
 motion or upon request of the petitioner or the special guardian 
 or conservator, may extend the appointment to the date of the 
 hearing on the petition.  At that time, if the court finds that 
 grounds for appointment of the special guardian or conservator 
 still exist, the court may further extend the appointment to the 
 date of a final decision on the petition.  If a special guardian 
 or conservator is appointed for the sole purpose of representing 
 the ward or conservatee in litigation or any other legal 
 proceeding, other than the pending guardianship or 
 conservatorship proceedings, the court may specify that the 
 appointment will last until the litigation or proceeding is 
 finally concluded. 

    Subd. 7.    Final accounting.  The power of a special 
 guardian or conservator ends and the special guardian or 
 conservator must prepare a final accounting when one of the 
 following events first occurs: 

    (1) the time specified for the special guardianship or 
 conservatorship in the court order has expired; or 

    (2) a general guardian or conservator has been appointed 
 for the ward or conservatee. 

    If a special guardian or conservator has been appointed to 
 protect the ward's or conservatee's interest in any matter 
 wherein the interest of the general guardian or conservator 
 appears to conflict with that of the ward or conservatee, or to 
 protect the ward's or conservatee's interest upon suspension of 
 an order of removal of a general guardian or conservator by 
 appeal, the power of the special guardian or conservator shall 
 not cease until terminated by the court. 

    HIST: (8992-141) 1935 c 72 s 141; 1973 c 618 s 16; 1975 c 347 
 s 117; 1980 c 493 s 16; 1981 c 313 s 12,13; 1986 c 444; 1998 c 
 281 s 1 

     525.60 Termination. 

    Subdivision 1.  The guardianship or conservatorship of an 
 adult ward or conservatee shall terminate upon death or upon the 
 ward's or conservatee's restoration to capacity.  When there is 
 no further need for any guardianship or conservatorship, the 
 court may terminate the same upon notice as it may direct.  
 Termination does not affect a guardian's or conservator's 
 liability for prior acts, nor the obligation to account for 
 funds and assets of the ward or conservatee.  

    Subd. 2.  Repealed, 1980 c 493 s 40 

    HIST: (8992-142) 1935 c 72 s 142; 1967 c 508 s 1; 1973 c 618 s 
 17; 1980 c 493 s 17; 1986 c 444 

     525.61 Restoration to capacity; modification of 
  guardianship or conservatorship. 

    Subdivision 1.    General.  Any adult person who is 
 under guardianship or conservatorship or the guardian or 
 conservator, or any other person may petition the court in which 
 the person was so adjudicated to be restored to capacity or to 
 have a guardianship transferred to a conservatorship or to 
 modify the guardianship or conservatorship.  Upon the filing of 
 the petition, the court shall fix the time and place for the 
 hearing thereof, notice of which shall be given to the ward or 
 conservatee, guardian or conservator, and to those other persons 
 and in a manner provided in section 525.55.  

    Subd. 2.    Restoration to capacity.  To obtain an order 
 of restoration to capacity the petitioner must prove by a 
 preponderance of the evidence that the ward or conservatee is no 
 longer incapacitated as defined in section 525.54, and is able 
 to make provisions for personal care or self-management of 
 property.  If a ward or conservatee has the functional ability 
 to care for self or for property, or to make provisions for 
 personal care or the care of property, the fact of impairment to 
 some extent by a mental condition shall not preclude restoration 
 to capacity.  In any proceedings for restoration, the court may 
 appoint one person duly licensed by a health related licensing 
 board and one accredited social worker with expertise in 
 evaluating persons who have the disabilities similar to those 
 found to be the reason for the ward's or conservatee's 
 incapacity, to assist in the determination of mental condition 
 and functional ability to care for self or property.  The court 
 shall allow and order paid to each health professional and 
 social worker a reasonable sum for services.  Upon the order, 
 the county auditor shall issue a warrant on the county treasurer 
 for the payment thereof. 

    Subd. 3.    Appointment of new guardian or conservator.  
 Upon a motion to remove a guardian or conservator and appoint a 
 new guardian or conservator, the court shall consider whether 
 the existing guardian or conservator has performed the 
 applicable duties and whether the continued appointment of the 
 guardian or conservator is in the best interests of the ward or 
 conservatee.  The court shall appoint a new guardian or 
 conservator if it finds that: 

    (1) the existing guardian or conservator has failed to 
 perform the duties associated with the guardianship or 
 conservatorship or to provide for the best interests of the ward 
 or conservatee; and 

    (2) the best interests of the ward or conservatee will be 
 better served by the appointment of a new guardian or 
 conservator. 

    The court's decision must include the specific findings 
 required by section 525.551, subdivision 5.  

    HIST: (8992-143) 1935 c 72 s 143; 1939 c 270 s 8; 1959 c 267 s 
 3; 1973 c 618 s 18; 1979 c 43 s 3; 1980 c 493 s 18; 1986 c 444; 
 1Sp1986 c 3 art 3 s 8 

  525.611 Repealed, 1980 c 493 s 40 

  525.612 Repealed, 1980 c 493 s 40 

  525.613 Repealed, 1980 c 493 s 40 

  525.614 Repealed, 1980 c 493 s 40 

     525.615 Status of guardian of minor; general. 

    A person becomes a guardian of a minor by acceptance of a 
 testamentary appointment or upon appointment by the court.  The 
 guardianship status continues until terminated, without regard 
 to the location from time to time of the guardian and minor ward.

    HIST: 1980 c 493 s 26 

     525.6155 Testamentary appointment of guardian of minor. 

    The parent of a minor may appoint by will a guardian of an 
 unmarried minor.  Subject to the right of the minor under 
 section 525.616, a testamentary appointment becomes effective 
 upon filing the guardian's acceptance in the court in which the 
 will is probated, if before acceptance, both parents are dead or 
 the surviving parent is adjudged incapacitated.  If both parents 
 are dead, an effective appointment by the parent who died later 
 has priority.  This state recognizes a testamentary appointment 
 effected by filing the guardian's acceptance under a will 
 probated in another state which is the testator's domicile.  
 Upon acceptance of appointment, written notice of acceptance 
 must be given within five days by the guardian to the minor, to 
 the person having the minor's care, to the minor's adult 
 siblings, grandparents, aunts and uncles.  Notice shall state 
 that any person interested in the welfare of the minor, or the 
 minor, if 14 or more years of age, may file with the court a 
 written objection to the appointment in accordance with section 
 525.616. 

    HIST: 1980 c 493 s 27; 1986 c 444 

     525.616 Objection by minor of 14 or older or interested 
  adult to testamentary appointment. 

    A minor of 14 or more years or any adult interested in the 
 minor's welfare may prevent an appointment of the minor's 
 testamentary guardian from becoming effective, or may cause a 
 previously accepted appointment to terminate, by filing with the 
 court in which the will is probated a written objection to the 
 appointment before it is accepted or within 30 days after its 
 acceptance.  An objection may be withdrawn.  An objection does 
 not preclude appointment by the court in a proper proceeding of 
 the testamentary nominee, or any other suitable person.  

    HIST: 1980 c 493 s 28; 1986 c 444 

     525.6165 Court appointment of guardian of minor; 
  conditions for appointment. 

    The court may appoint a guardian for an unmarried minor if 
 all parental rights of custody have been terminated or suspended 
 by prior court order.  A guardian appointed by will as provided 
 in section 525.6155 whose appointment has not been prevented or 
 nullified under section 525.616 has priority over any guardian 
 who may be appointed by the court but the court may proceed with 
 an appointment upon a finding that the testamentary guardian has 
 failed to accept the testamentary appointment within 30 days 
 after notice of the guardianship proceeding. 

    HIST: 1980 c 493 s 29; 1982 c 472 s 6 

     525.617 Court appointment of guardian of minor; venue. 

    The venue for guardianship proceedings for a minor is in 
 the place where the minor resides or is present. 

    HIST: 1980 c 493 s 30 

     525.6175 Court appointment of guardian of minor; 
  qualification; priority of minor's nominee. 

    The court may appoint as guardian any person whose 
 appointment would be in the best interests of the minor.  The 
 court shall appoint a person nominated by the minor, if the 
 minor is 14 years of age or older, unless the court finds the 
 appointment contrary to the best interests of the minor.  

    HIST: 1980 c 493 s 31 

     525.618 Court appointment of guardian of minor; 
  procedure. 

    Subdivision 1.    Time of notice; to whom.  Notice of 
 the time and place of hearing of a petition for the appointment 
 of a guardian of a minor shall be given by the petitioner in the 
 following manner and to the following persons: 

    (a) The minor, if 14 or more years of age, by personal 
 service at least 14 days prior to the date of hearing; 

    (b) The person who has had the principal care and custody 
 of the minor during the 60 days preceding the date of the 
 petition by personal service, at least 14 days prior to the date 
 of hearing; 

    (c) Any living parent of the minor residing in Minnesota by 
 personal service, at least 14 days prior to the date of hearing; 

    (d) Any living parent of the minor residing outside of 
 Minnesota, and any adult brothers and sisters of the minor, 
 service by mail, at least 14 days prior to the date of hearing; 
 and 

    (e) To any other persons that the court may direct.  

    Subd. 2.    Required findings.  Upon hearing, if the 
 court finds that a qualified person seeks appointment, venue is 
 proper, the required notices have been given, the requirements 
 of section 525.6165 have been met, and the welfare and best 
 interests of the minor will be served by the requested 
 appointment, it shall make the appointment.  In other cases the 
 court may dismiss the proceedings, or make any other disposition 
 of the matter that will best serve the interests of the minor.  

    Subd. 3.    Temporary guardian.  If necessary, the court 
 may appoint a temporary guardian, with the status of an ordinary 
 guardian of a minor, but the authority of a temporary guardian 
 shall not last longer than six months.  

    Subd. 4.    Attorney for minor.  If, at any time in the 
 proceeding, the court determines that the interests of the minor 
 are or may be inadequately represented, it may appoint an 
 attorney to represent the minor, giving consideration to the 
 preference of the minor if the minor is 14 years of age or older.

    Subd. 5.    Copy of order to ward or conservatee.  A 
 copy of an order appointing a guardian or conservator of a minor 
 shall be served by mail upon the ward or conservatee and 
 counsel, if represented at the hearing.  The order shall be 
 accompanied by a notice which advises the ward or conservatee of 
 the right to appeal the guardianship or conservatorship 
 appointment within 30 days.  

    Subd. 6.    Contents of letters.  Letters of 
 guardianship or conservatorship shall issue to the guardian or 
 conservator.  They shall contain:  (a) the name, address, and 
 telephone number of the guardian or conservator; (b) the name, 
 address, and telephone number of the ward or conservatee; (c) 
 whether it is a guardianship or conservatorship or both; and (d) 
 the legal limitations, if any, imposed by the court on the 
 guardian or conservator.  

    HIST: 1980 c 493 s 32; 1981 c 313 s 14; 1982 c 472 s 7,8; 1986 
 c 444 

     525.6185 Consent to service by acceptance of 
  appointment; notice. 

    By accepting a testamentary or court appointment as 
 guardian, a guardian submits personally to the jurisdiction of 
 the court in any proceeding relating to the guardianship that 
 may be instituted by any interested person.  Notice of any 
 proceeding shall be given by mail or personal service upon the 
 guardian at least 14 days prior to the date of the hearing.  

    HIST: 1980 c 493 s 33; 1981 c 313 s 15 

     525.619 Powers and duties of guardian of minor. 

    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 from the guardian's own funds for the 
 ward.  In particular, and without qualifying the foregoing, a 
 guardian: 

    (a)  must take reasonable care of the ward's personal 
 effects and commence protective proceedings if necessary to 
 protect other property of the ward. 

    (b)  may receive money payable for the support of the ward 
 to the ward's parent, guardian or custodian under the terms of 
 any statutory benefit or insurance system, or any private 
 contract, devise, trust, conservatorship or custodianship and 
 also may receive money or property of the ward paid or delivered 
 by virtue of section 525.6196.  Any sums so received shall be 
 applied to the ward's current needs for support, care and 
 education.  The guardian must exercise due care to conserve any 
 excess for the ward's future needs unless a conservator has been 
 appointed for the estate of the ward, in which case the excess 
 shall be paid over at least annually to the conservator.  Sums 
 so received by the guardian are not to be used for compensation 
 for the guardian's services except as approved by order of court 
 or as determined by a duly appointed conservator other than the 
 guardian.  A guardian may institute proceedings to compel the 
 performance by any person of a duty to support the ward or to 
 pay sums for the welfare of the ward. 

    (c) The guardian is empowered to facilitate the ward's 
 education, social, or other activities and to authorize medical 
 or other professional care, treatment or advice.  A ward who is 
 less than 16 years of age may be admitted to a treatment 
 facility as an informal patient according to section 253B.04 but 
 may not be committed to any state institution except pursuant to 
 chapter 253B.  No guardian may give consent for psychosurgery, 
 electroshock, sterilization or experimental treatment of any 
 kind unless the procedure is first approved by the order of the 
 court, after a hearing as prescribed by section 525.56, 
 subdivision 3. 

    A guardian is not liable by reason of consent for injury to 
 the ward resulting from the negligence or acts of third persons 
 unless it would have been illegal for a parent to have 
 consented, or unless the guardian fails to comply with the 
 requirements of this section which provide that a court order is 
 necessary for commitment and for certain types of medical 
 procedures.  A guardian may consent to the marriage or adoption 
 of the ward. 

    (d) A guardian must report the condition of the ward and of 
 the ward's estate which has been subject to the guardian's 
 possession or control, as ordered by the court on its own motion 
 or on petition of any person interested in the minor's welfare 
 and as required by court rule. 

    HIST: 1980 c 493 s 34; 1981 c 313 s 16; 1983 c 216 art 1 s 75; 
 1984 c 623 s 8; 1985 c 248 s 66; 1986 c 444 

     525.6192 Termination of appointment of guardian; general.

    A guardian's authority and responsibility terminates upon 
 the death, resignation or removal of the guardian or upon the 
 minor's death, adoption, marriage or attainment of majority, but 
 termination does not affect the guardian's liability for prior 
 acts, nor the obligation to account for funds and assets of the 
 ward.  A guardian may be discharged without notice or hearing on 
 petition and acceptance of the guardian's accounts by the ward 
 after the ward marries or attains majority, or, in the case of 
 the ward's death, by the personal representative of the ward's 
 estate.  In other cases the court may discharge the guardian 
 upon approval of the guardian's accounts after notice and a 
 hearing.  Resignation of a guardian does not terminate the 
 guardianship until it has been approved by the court.  A 
 testamentary appointment under an informally probated will 
 terminates if the will is later denied probate in a formal 
 proceeding.  

    HIST: 1980 c 493 s 35; 1981 c 313 s 17; 1986 c 444 

     525.6194 Proceedings subsequent to appointment; venue. 

    (a) The court where the ward resides has concurrent 
 jurisdiction with the court which appointed the guardian, or in 
 which acceptance of a testamentary appointment was filed, over 
 resignation, removal, accounting and other proceedings relating 
 to the guardianship.  

    (b) If the court located where the ward resides is not the 
 court in which acceptance of appointment is filed, the court in 
 which proceedings subsequent to appointment are commenced shall 
 in all appropriate cases notify the other court, in this or 
 another state, and after consultation with that court determine 
 whether to retain jurisdiction or transfer the proceedings to 
 the other court, whichever is in the best interests of the 
 ward.  A copy of any order accepting a resignation or removing a 
 guardian shall be sent to the court in which acceptance of 
 appointment is filed.  

    HIST: 1980 c 493 s 36 

     525.6195 Resignation or removal proceedings. 

    (a) Any person interested in the welfare of a ward, or the 
 ward, if 14 or more years of age, may petition for removal of a 
 guardian on the ground that removal would be in the best 
 interests of the ward.  A guardian may petition for permission 
 to resign.  A petition for removal or for permission to resign 
 may, but need not, include a request for appointment of a 
 successor guardian.  

    (b) After notice and hearing on a petition for removal or 
 for permission to resign, the court may terminate the 
 guardianship and make any further order that may be appropriate. 

    (c) If, at any time in the proceeding, the court determines 
 that the interests of the ward are, or may be, inadequately 
 represented, it may appoint an attorney to represent the minor, 
 giving consideration to the preference of the minor if the minor 
 is 14 or more years of age.  

    HIST: 1980 c 493 s 37 

     525.6196 Facility of payment or delivery. 

    Any person other than a personal representative subject to 
 section 524.3-915, clause (b), who is under a duty to pay or 
 deliver money or personal property to a minor may perform this 
 duty, in amounts not exceeding $5,000 per annum, by paying or 
 delivering the money or property to, (1) the minor, if 16 years 
 of age or married; (2) any person having the care and custody of 
 the minor with whom the minor resides; (3) a guardian of the 
 minor; or (4) a financial institution incident to a deposit in a 
 federally insured savings account in the sole name of the minor 
 and giving notice of the deposit to the minor.  This section 
 does not apply if the person making payment or delivery has 
 actual knowledge that a conservator has been appointed or 
 proceedings for appointment of a conservator of the estate of 
 the minor are pending.  The persons, other than the minor or any 
 financial institution under clause (4), receiving money or 
 property for a minor, are obligated to apply the money to the 
 support and education of the minor, but may not pay themselves 
 except by way of reimbursement for out-of-pocket expenses for 
 goods and services necessary for the minor's support.  Any 
 excess sums shall be preserved for future support of the minor.  
 Any balance not so used and any property received for the minor 
 must be turned over to the minor on attaining majority.  Persons 
 who pay or deliver in accordance with provisions of this section 
 are not responsible for the proper application of it. 

    HIST: 1980 c 493 s 38; 1981 c 313 s 18; 1982 c 472 s 9; 1986 c 
 444 

     525.6197 Discharge of guardian or conservator; property 
  of a minor. 

    When a minor receives or is entitled to personal property, 
 the court may order a guardian or conservator to make payment of 
 up to $2,000 of the property to the parent or parents, 
 custodian, or the person, corporation, or institution with whom 
 the minor child is, for the benefit, support, maintenance, and 
 education of the minor or may direct the investment of the whole 
 or any part of that amount in a savings account, savings 
 certificate, or certificate of deposit in a bank, savings bank, 
 or savings association in the name of the minor.  When so 
 invested the savings account passbook, savings certificate, 
 certificate of deposit, or other acknowledgment of receipt of 
 the deposit by the depository is to be kept as provided by the 
 court.  The depository shall be instructed not to allow the 
 investment to be withdrawn, except by order of the court.  The 
 court may authorize the use of any part or all of that amount to 
 purchase United States government savings bonds in the minor's 
 name.  The bonds shall be kept as provided by the court and 
 retained until the minor reaches majority unless otherwise 
 authorized by an order of the court. 

    HIST: 1982 c 472 s 10; 1995 c 202 art 1 s 25; 1996 c 305 art 1 
 s 115 

     525.6198 Protective proceedings; appointment of 
  conservator of estate of minor. 

    Upon petition and after notice and hearing in accordance 
 with the provisions of section 525.618 the court may appoint a 
 conservator or make other protective order for cause as follows: 

    (1) Appointment of a conservator or other protective order 
 may be made in relation to the estate and affairs of a minor if 
 the court determines that a minor owns money or property that 
 requires management or protection which cannot otherwise be 
 provided, has or may have business affairs which may be 
 jeopardized or prevented by minority, or that funds are needed 
 for support and education and that protection is necessary or 
 desirable to obtain or provide funds. 

    (2) The court may grant to the conservator of the estate of 
 a minor any or all of the powers and duties enumerated in 
 section 525.56, subdivision 4, and the conservator shall be 
 subject to the requirements of sections 525.58, subdivision 1, 
 525.581 and 525.582 regarding an inventory and accounting, 
 except that the court may waive the requirement that the annual 
 account be served on the ward.  The conservator shall file a 
 bond with the court in such amount as the court may direct. 

    HIST: 1980 c 493 s 39; 1981 c 313 s 19; 1982 c 424 s 118; 1986 
 c 444 

     525.6199 Guardianship, conservatorship; workers' 
  compensation proceedings. 

    Subdivision 1.    Referral.  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 
 person, shall appoint a guardian or conservator if the employee 
 or dependent is a minor or an incapacitated person, and shall 
 return the matter to the source of referral. 

    Subd. 2.    Court oversight.  The court shall oversee 
 the use of monetary benefits paid to a guardian or conservator 
 as provided in this chapter or under rule 145 of the general 
 rules of practice for the district courts.  There is a 
 rebuttable presumption that a settlement or award approved by 
 the commissioner of the department of labor and industry or a 
 compensation judge is reasonable and fair to the employee or 
 dependent. 

    Subd. 3.    Costs.  Subject to the approval of the 
 court, the insurer or self-insured employer shall pay the costs 
 and a reasonable attorney fee of the employee or dependent 
 associated with the appointment of a guardian or conservator 
 required under section 176.092. 

    HIST: 1993 c 194 s 9 

     525.62 Mortgage and lease. 

    Sections 525.62 to 525.702 shall be applicable only to 
 guardianships and conservatorships and not to decedents' 
 estates.  As used in sections 525.62 to 525.702, the word 
 "mortgage" includes an extension of an existing mortgage, 
 subject to the provisions of section 525.691, and the word 
 "lease" means a lease for one or more years, unless the context 
 indicates otherwise.  

    HIST: (8992-144) 1935 c 72 s 144; 1975 c 347 s 118; 1980 c 493 
 s 19; 1981 c 313 s 20 

  525.621 Repealed, 1980 c 493 s 40 

     525.63 Reasons for sale, mortgage, lease. 

    The court may direct a sale, mortgage, or lease of any real 
 estate of a ward or conservatee when the personal property is 
 insufficient to pay debts and other charges against the estate, 
 or to provide for the support, maintenance, and education of the 
 ward or conservatee, a spouse, and dependent children, or when 
 it shall determine the sale, mortgage, or lease to be for the 
 best interest of the ward or conservatee. 

    The homestead of a ward or conservatee shall not be sold, 
 mortgaged, or leased unless the written consent of the spouse 
 has been filed. 

    HIST: (8992-146) 1935 c 72 s 146; 1975 c 347 s 119; 1980 c 493 
 s 20; 1986 c 444 

     525.64 Petition, notice, hearing.  

    A guardian or conservator may file a petition to sell, 
 mortgage, or lease alleging briefly the facts constituting the 
 reasons for the application and describing the real estate 
 involved therein.  The petition may include all the real estate 
 of the ward or conservatee or any part or parts thereof.  It may 
 apply for different authority as to separate parcels.  It may 
 apply in the alternative for authority to sell, mortgage, or 
 lease.  Upon the filing of such petition, the court shall fix 
 the time and place for the hearing thereof.  Notice of the 
 hearing shall state briefly the nature of the application made 
 by the petition and shall be given pursuant to section 525.83 
 except that no publication is required unless otherwise 
 ordered.  Upon the hearing, the court shall have full power to 
 direct the sale, mortgage, or lease of all the real estate 
 described in the petition, or to direct the sale, mortgage, or 
 lease of any one or more parcels thereof, provided that any such 
 direction shall be within the terms of the application made by 
 the petition.  

    HIST: (8992-147) 1935 c 72 s 147; 1937 c 435 s 17; 1969 c 943 
 s 1; 1973 c 405 s 1; 1975 c 347 s 120 

     525.641 Order for sale, mortgage, lease.  

    The order shall describe the real estate to be sold, 
 mortgaged, or leased, and may designate the sequence in which 
 the several parcels shall be sold, mortgaged, or leased.  If the 
 order be for a sale, it shall direct whether the real estate 
 shall be sold at private sale or public auction.  An order to 
 mortgage shall fix the maximum amount of the principal and the 
 maximum rate of interest and shall direct the purpose for which 
 the proceeds shall be used.  An order for sale, mortgage, or 
 lease shall remain in force until terminated by the court, but 
 no private sale shall be made after one year from the date of 
 the order unless the real estate shall have been reappraised 
 under order of the court within three months preceding the sale. 

    HIST: (8992-148) 1935 c 72 s 148; 1937 c 435 s 18; 1975 c 347 
 s 121 

     525.642 Terms of sale.  

    The court may order a sale of real estate for cash, part 
 cash and a purchase-money mortgage of not more than 50 percent 
 of the purchase price, or on contract for deed.  The initial 
 payment under a sale on contract shall not be less than ten 
 percent of the total purchase price, and the unpaid purchase 
 price shall bear interest at a rate of not less than four 
 percent per annum and shall be payable in reasonable monthly, 
 quarterly, semiannual, or annual payments, and the final 
 installment shall become due and payable not later than ten 
 years from the date of the contract.  Such contract shall 
 provide for conveyance by quitclaim deed, which deed shall be 
 executed and delivered upon full performance of the contract 
 without further order of the court.  In the event of termination 
 of the interest of the purchaser and assigns in such contract, 
 the real estate may be resold under the original order and a 
 reappraisal within three months preceding the sale. A sale of 
 the vendor's interest in real estate sold by the guardian or 
 conservator on contract may be made under order of the court, 
 with or without notice, upon an appraisal of such interest 
 within three months preceding the sale; no such sale shall be 
 made for less than its value as fixed by such appraisal.  

    HIST: (8992-149) 1935 c 72 s 149; 1937 c 435 s 19; 1975 c 347 
 s 122; 1986 c 444 

     525.65 Public sale.  

    If a sale at public auction be ordered, three weeks' 
 published notice of the time and place of sale shall be given.  
 Proof of publication shall be filed before the confirmation of 
 the sale.  Such publication and sale may be made in the county 
 where the real estate is situated or in the county of the 
 proceedings.  If the parcels to be sold are contiguous and lie 
 in more than one county, notice may be given and the sale may be 
 made in either of such counties or in the county of the 
 proceedings.  The guardian or conservator may adjourn the sale 
 from time to time, if for the best interests of the estate and 
 the persons concerned, but not exceeding three months in all.  
 Every adjournment shall be announced publicly at the time and 
 place fixed for the sale and, if for more than one day, further 
 notice thereof shall be given as the court may direct.  

    HIST: (8992-150) 1935 c 72 s 150; 1975 c 347 s 123 

     525.651 Private sale. 

    If a private sale be ordered, the real estate shall be 
 reappraised by two or more disinterested persons under order of 
 the court unless a prior appraisal of the real estate has been 
 made by two or more disinterested persons not more than three 
 months before the sale, which reappraisal shall be filed before 
 the confirmation of the sale.  No real estate shall be sold at 
 private sale for less than its value as fixed by such appraisal. 

    HIST: (8992-151) 1935 c 72 s 151; 1980 c 493 s 21 

     525.652 Additional bond.  

    If the existing bond be insufficient, before confirmation 
 of a sale or lease, or before execution of a mortgage, the 
 guardian or conservator shall file an additional bond in such 
 amount as the court may require. 

    HIST: (8992-152) 1935 c 72 s 152; 1975 c 347 s 124; 1986 c 444 

     525.66 Sale of contract interest.  

    When a ward or conservatee is entitled under contract of 
 purchase to any interest in real estate, such interest may be 
 sold for the same reasons and in the same manner as other real 
 estate of a ward or conservatee.  Before confirmation, the court 
 may require the filing of a bond conditioned to save the estate 
 harmless.  Upon confirmation, the guardian or conservator shall 
 assign the contract and convey by quitclaim deed.  

    HIST: (8992-153) 1935 c 72 s 153; 1975 c 347 s 125 

     525.661 Sale subject to charge.  

    When the estate of a ward or conservatee is liable for any 
 charge, mortgage, lien, or other encumbrance upon the real 
 estate therein, the court may refuse to confirm the sale or 
 lease until after the filing of a bond in such amount as the 
 court may direct conditioned to save the estate harmless.  

    HIST: (8992-154) 1935 c 72 s 154; 1975 c 347 s 126 

     525.662 Confirmation.  

    Upon making a sale or lease, the guardian or conservator 
 shall file a report thereof.  Upon proof of compliance with the 
 terms of the order, the court may confirm the sale or lease and 
 order the guardian or conservator to execute and deliver the 
 proper instrument.  

    HIST: (8992-155) 1935 c 72 s 155; 1975 c 347 s 127; 1986 c 444 

     525.67 Agreement and sale for public purpose. 

    When any real estate of a ward or conservatee is desired by 
 any person, firm, association, corporation, or governmental 
 agency having the power of eminent domain, the guardian or 
 conservator may agree, in writing, upon the compensation to be 
 made for the taking, injuring, damaging, or destroying thereof, 
 subject to the approval of the court.  When the agreement has 
 been made, the guardian or conservator shall file a petition, of 
 which the agreement shall be a part, setting forth the facts 
 relative to the transaction.  The court, with notice as provided 
 in section 525.83, except that no publication is required unless 
 it is ordered by the court, shall hear, determine, and act upon 
 the petition.  If the court approves the agreement, the guardian 
 or conservator, upon payment of the agreed compensation, shall 
 convey the real estate sought to be acquired and execute any 
 release which may be authorized.  

    HIST: (8992-156) 1935 c 72 s 156; 1975 c 347 s 128; 1980 c 493 
 s 22; 1981 c 313 s 21 

     525.68 Platting.  

    When it is for the best interests of the estate of a ward 
 or conservatee, real estate may be platted by the guardian or 
 conservator under such conditions and upon such notice as the 
 court may order.  

    HIST: (8992-157) 1935 c 72 s 157; 1975 c 347 s 129 

     525.69 Conveyance of vendor's title. 

    When any ward or conservatee is legally bound to make a 
 conveyance or lease, the court, without further notice, may 
 direct the guardian or conservator to make the conveyance or 
 lease to the person entitled thereto.  The petition may be made 
 by any person claiming to be entitled to the conveyance or 
 lease, or by the guardian or conservator, or by any person 
 interested in the estate or claiming an interest in the real 
 estate or contract, and shall show the description of the land 
 and the facts upon which the claim for conveyance or lease is 
 based.  Upon proof of the petition, the court may order the 
 guardian or conservator to execute and deliver an instrument of 
 conveyance or lease upon performance of the contract.  

    HIST: (8992-158) 1935 c 72 s 158; 1937 c 435 s 20; 1975 c 347 
 s 130; 1980 c 493 s 23; 1981 c 313 s 22 

     525.691 Mortgage extension.  

    A guardian or conservator without order of the court may 
 make an extension of an existing mortgage for a period of five 
 years or less, if the extension agreement contains the same 
 prepayment privileges and the rate of interest does not exceed 
 the lowest rate in the mortgage extended.  

    HIST: (8992-159) 1935 c 72 s 159; 1975 c 347 s 131 

     525.692 Liability on mortgage note.  

    No guardian or conservator shall be liable personally on 
 any mortgage note or by reason of the covenants in any 
 instrument or conveyance executed in the capacity of guardian or 
 conservator.  

    HIST: (8992-160) 1935 c 72 s 160; 1975 c 347 s 132; 1986 c 444 

  525.693 Repealed, 1975 c 347 s 144 

     525.70 Validity of proceedings.  

    No sale, mortgage, lease, or conveyance by a guardian or 
 conservator shall be subject to collateral attack on account of 
 any irregularity in the proceedings if the court which ordered 
 the same had jurisdiction of the estate.  

    HIST: (8992-162) 1935 c 72 s 162; 1975 c 347 s 133 

  525.701 Repealed, 1975 c 347 s 144 

     525.702 Limitation of action.  

    No proceeding to have declared invalid the sale, mortgage, 
 lease, or conveyance by a guardian or conservator shall be 
 maintained by any person claiming under or through the ward or 
 conservatee unless such proceeding is begun within five years 
 immediately succeeding the date of such sale, mortgage, lease, 
 or conveyance, provided, that in case of real estate sold by a 
 guardian or conservator, no action for its recovery shall be 
 maintained by or under the ward or conservatee unless it is 
 begun within five years next after the termination of the 
 guardianship or conservatorship; and that, in cases of fraud, 
 minors and others under legal disability to sue when the right 
 of action first accrues may begin such action at any time within 
 five years after the disability is removed.  

    HIST: (8992-163) 1935 c 72 s 163; 1975 c 347 s 134 

     525.703 Costs. 

    Subdivision 1.    In forma pauperis.  The court may 
 authorize a proceeding under sections 525.54 to 525.702 to 
 proceed in forma pauperis, as provided in chapter 563.  

    Subd. 2.    Lawyer or health professional.  In 
 proceedings under sections 525.54 to 525.702 a lawyer or health 
 professional rendering necessary services with regard to the 
 appointment of a guardian or conservator, the administration of 
 the ward's or conservatee's estate or personal affairs or the 
 restoration of that person's capacity, shall be entitled to 
 reasonable compensation from the estate of the ward or 
 conservatee or from the county having jurisdiction over the 
 proceedings if the ward or conservatee is indigent.  When the 
 court determines that other necessary services have been 
 provided for the benefit of the ward or conservatee by a lawyer 
 or health professional, the court may order reasonable fees to 
 be paid from the estate of the ward or conservatee or from the 
 county having jurisdiction over the proceedings if the ward or 
 conservatee is indigent.  If, however, the court determines that 
 a petitioner, guardian or conservator has not acted in good 
 faith, the court shall order some or all of the fees or costs 
 incurred in the proceedings to be borne by the petitioner, 
 guardian, or conservator not acting in good faith.  In 
 determining reasonable compensation for a guardian or 
 conservator of an indigent person, the court shall consider a 
 fee schedule recommended by the board of county commissioners.  
 The fee schedule may also include a maximum compensation based 
 on the living arrangements of the ward or conservatee.  If these 
 services are provided by a public or private agency, the county 
 may contract on a fee for service basis with that agency.  

    Subd. 3.    Guardian or conservator.  (a) When the court 
 determines that a guardian or conservator of the person or the 
 estate has rendered necessary services or has incurred necessary 
 expenses for the benefit of the ward or conservatee, the court 
 may order reimbursement or reasonable compensation to be paid 
 from the estate of the ward or conservatee or from the county 
 having jurisdiction over the guardianship or conservatorship if 
 the ward or conservatee is indigent.  The court may not deny an 
 award of fees solely because the ward or conservatee is a 
 recipient of medical assistance.  In determining reasonable 
 compensation for a guardian or conservator of an indigent 
 person, the court shall consider a fee schedule recommended by 
 the board of county commissioners.  The fee schedule may also 
 include a maximum compensation based on the living arrangements 
 of the ward or conservatee.  If these services are provided by a 
 public or private agency, the county may contract on a fee for 
 service basis with that agency.  

    (b) The court shall order reimbursement or reasonable 
 compensation if the guardian or conservator requests payment and 
 the guardian or conservator was nominated by the court or by the 
 county adult protection unit because no suitable relative or 
 other person was available to provide guardianship or 
 conservatorship services necessary to prevent maltreatment of a 
 vulnerable adult, as defined in section 626.5572, subdivision 
 15.  In determining reasonable compensation for a guardian or 
 conservator of an indigent person, the court shall consider a 
 fee schedule recommended by the board of county commissioners.  
 The fee schedule may also include a maximum compensation based 
 on the living arrangements of the ward or conservatee.  If these 
 services are provided by a public or private agency, the county 
 may contract on a fee for service basis with that agency. 

    (c) When a county employee serves as a guardian or 
 conservator as part of employment duties, the court shall order 
 reasonable compensation if the guardian or conservator performs 
 necessary services that are not compensated by the county.  The 
 court may order reimbursement to the county from the ward's or 
 conservatee's estate for reasonable compensation paid by the 
 county for services rendered by a guardian or conservator who is 
 a county employee but only if the county shows that after a 
 diligent effort it was unable to arrange for an independent 
 guardian or conservator. 

    HIST: 1980 c 493 s 24; 1981 c 313 s 23; 1985 c 250 s 26; 1986 
 c 444; 1993 c 118 s 5,6; 1995 c 229 art 4 s 16 

     525.705 Preexisting guardianships and conservatorships. 

    All guardians and conservators serving prior to August 1, 
 1981, shall have all powers and duties of section 525.56, 
 subdivision 3, as to the person and section 525.56, subdivision 
 4, as to the estate, unless restricted by any existing court 
 order, until those powers or duties are restricted or changed by 
 court order.  

    HIST: 1981 c 313 s 24 

     525.71 Appealable orders. 

    Appeals to the court of appeals may be taken from any of 
 the following orders, judgments, and decrees issued by a judge 
 of the court under this chapter or chapter 524:  

    (1) an order admitting, or refusing to admit, a will to 
 probate; 

    (2) an order appointing, or refusing to appoint, or 
 removing, or refusing to remove, a representative other than a 
 special administrator or special guardian; 

    (3) an order authorizing, or refusing to authorize, the 
 sale, mortgage, or lease of real estate, or confirming, or 
 refusing to confirm, the sale or lease of real estate; 

    (4) an order directing, or refusing to direct, a conveyance 
 or lease of real estate under contract; 

    (5) an order permitting, or refusing to permit, the filing 
 of a claim, or allowing or disallowing a claim or counterclaim, 
 in whole or in part, when the amount in controversy exceeds 
 $100; 

    (6) an order setting apart, or refusing to set apart, 
 property, or making, or refusing to make, an allowance for the 
 spouse or children; 

    (7) an order determining, or refusing to determine, venue; 
 an order transferring, or refusing to transfer, venue; 

    (8) an order directing, or refusing to direct, the payment 
 of a bequest or distributive share when the amount in 
 controversy exceeds $100; 

    (9) an order allowing, or refusing to allow, an account of 
 a representative or any part of it when the amount in 
 controversy exceeds $100; 

    (10) an order adjudging a person in contempt; 

    (11) an order vacating, or refusing to vacate, a previous 
 appealable order, judgment, or decree alleged to have been 
 procured by fraud or misrepresentation, or through surprise or 
 excusable inadvertence or neglect; 

    (12) a judgment or decree of partial or final distribution 
 or an order determining or confirming distribution or any order 
 of general protection; 

    (13) an order entered pursuant to section 576.142; 

    (14) an order granting or denying restoration to capacity; 

    (15) an order made directing, or refusing to direct, the 
 payment of representative's fees or attorneys' fees, and in such 
 case the representative and the attorney shall each be deemed an 
 aggrieved party and entitled to appeal; 

    (16) an order, judgment, or decree relating to or affecting 
 estate taxes or refusing to amend, modify, or vacate such an 
 order, judgment, or decree; and 

    (17) an order extending the time for the settlement of the 
 estate beyond five years from the date of the appointment of the 
 representative.  

    HIST: (8992-164) 1935 c 72 s 164; 1939 c 270 s 9; 1941 c 411 s 
 1; 1963 c 740 s 24; 1974 c 447 s 4; 1975 c 347 s 135; 1979 c 303 
 art 3 s 38; 1983 c 247 s 186 

  525.711 Repealed, 1983 c 247 s 219 

     525.712 Requisites. 

    The appeal may be taken under the Rules of Appellate 
 Procedure by any person aggrieved after service by any party of 
 written notice of the filing of the order, judgment, or decree 
 appealed from, or if no written notice is served, within six 
 months after the filing of the order, judgment, or decree.  
 Except as provided in this section, the appeal shall be 
 perfected and determined upon the record as provided in the 
 Rules of Appellate Procedure. 

    HIST: (8992-166) 1935 c 72 s 166; 1937 c 435 s 21; 1953 c 476 
 s 1; 1980 c 344 s 1; 1987 c 346 s 17; 1996 c 305 art 1 s 116; 
 2000 c 362 s 4 

  525.713 Repealed, 1980 c 344 s 2 

     525.714 Suspension by appeal. 

    The appeal shall suspend the operation of the order, 
 judgment, or decree appealed from until the appeal is determined 
 or the court of appeals orders otherwise.  The court of appeals 
 may require the appellant to give additional bond for the 
 payment of damages which may be awarded against the appellant in 
 consequence of the suspension, on the appellant's failure to 
 obtain a reversal of the order, judgment, or decree appealed 
 from.  Nothing herein contained shall prevent the probate court 
 from appointing special representatives nor prevent special 
 representatives from continuing to act as such.  

    HIST: (8992-168) 1935 c 72 s 168; 1983 c 247 s 187; 1986 c 444 

  525.72 Repealed, 1980 c 344 s 2 

     525.73 Affirmance; reversal. 

    When the appellant fails to prosecute the appeal, or the 
 order, judgment, or decree appealed from or reviewed is 
 sustained, judgment shall be entered in the court of appeals 
 affirming the decision of the court.  Upon the filing in the 
 court of a certified transcript of the judgment, the court shall 
 proceed as if no appeal had been taken.  If the order, judgment, 
 or decree reviewed is reversed or modified, the court of appeals 
 shall remand the case to the court with directions to proceed in 
 conformity with its decision.  Upon the filing in the court of a 
 certified transcript of the judgment, it shall proceed as 
 directed by the court of appeals.  

    HIST: (8992-170) 1935 c 72 s 170; 1983 c 247 s 188; 1986 c 
 444; 1995 c 189 s 8; 1996 c 277 s 1 

     525.731 Judgment; execution.  

    The party prevailing on the appeal shall be entitled to 
 costs and disbursements to be taxed as in a civil action.  If 
 judgment be rendered against the estate, they shall be an 
 adjudicated claim against it.  If judgment be rendered against 
 an appellant other than the state, the veterans' administration, 
 or representative appealing on behalf of the estate, judgment 
 shall be entered against the appellant and the sureties on the 
 appeal bond and execution may issue thereon.  

    HIST: (8992-171) 1935 c 72 s 171; 1986 c 444 

  525.74 Repealed, 1982 c 501 s 26; 1983 c 247 s 219 

  525.749 Repealed, 1967 c 638 s 22 

  525.75 Repealed, 1967 c 638 s 22 

  525.751 Repealed, 1967 c 638 s 22 

  525.752 Repealed, 1967 c 638 s 22 

  525.753 Repealed, 1967 c 638 s 22 

  525.754 Repealed, 1967 c 638 s 22 

  525.76 Repealed, 1967 c 638 s 22 

  525.761 Repealed, 1967 c 638 s 22 

  525.762 Repealed, 1967 c 638 s 22 

  525.763 Repealed, 1967 c 638 s 22 

  525.77 Repealed, 1967 c 638 s 22 

  525.78 Repealed, 1967 c 638 s 22 

  525.79 Repealed, 1967 c 638 s 22 

  525.80 Representative. 

    As used in this chapter, the word "representative," unless 
 the context otherwise indicates, includes personal 
 representatives as that term is defined in chapter 524, 
 guardians, and conservators. 

    HIST: 1975 c 347 s 136 

  525.805 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.81 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.82 Repealed, 1974 c 442 art 8 s 524.8-102 

     525.83 Notice. 

    When notice of hearing is required by any provision of this 
 chapter by reference to this section, the notice shall be given 
 once a week for three consecutive weeks in a legal newspaper 
 designated by the petitioner in the county wherein the 
 proceedings are pending; or, if no such designation be made, in 
 any legal newspaper in the county; or, if the city of the 
 decedent's residence is situated in more than one county, in any 
 legal newspaper in the city.  The first publication shall be had 
 within two weeks after the date of the order fixing the time and 
 place for the hearing. 

    At least 14 days prior to the date fixed for hearing the 
 petitioner, the petitioner's attorney or agent, shall in 
 guardianship or conservatorship mail a copy of the notice to the 
 ward or conservatee, and other persons as the court may direct 
 and in decedents' estates shall mail a copy of the notice to 
 each heir, devisee, and legatee whose name and address are known.

    Proof of publication and mailing shall be filed before the 
 hearing.  No defect in any notice nor in the publication or 
 service thereof shall invalidate any proceedings. 

    HIST: (8992-188) 1935 c 72 s 188; 1941 c 422 s 1; 1957 c 30 s 
 1; 1971 c 497 s 7; 1973 c 123 art 5 s 7; 1973 c 404 s 1; 1975 c 
 347 s 137; 1980 c 493 s 25; 1986 c 444 

     525.831 Notice to attorney general of devises for 
  charitable purposes. 

    Whenever a will provides for a devise for a charitable 
 purpose, as defined in section 501B.35, subdivision 2, the 
 personal representative shall provide the attorney general with 
 the notices or documents, if any, required by section 501B.41, 
 subdivision 5. 

    HIST: 1978 c 601 s 28; 1989 c 340 art 2 s 5 

     525.84 Erroneous escheat.  

    When any property has escheated to the state because the 
 decedent left surviving no spouse nor kindred or because of the 
 failure of a devisee or legatee to receive under a will admitted 
 to probate, or when application is made to prove a will 
 disposing of property escheated to the state, upon the petition 
 of the representative or any person interested in the estate and 
 upon 20 days' notice to the attorney general and to such other 
 persons as the court may direct, the court may admit the will to 
 probate as provided by law, or make its determination of 
 heirship and enter its order assigning the escheated property to 
 the persons entitled thereto.  

    HIST: (8992-189) 1935 c 72 s 189; 1975 c 347 s 138 

     525.841 Escheat returned. 

    In all such cases the commissioner of finance shall be 
 furnished with a certified copy of the court's order assigning 
 the escheated property to the persons entitled thereto, and upon 
 notification of payment of the estate tax, the commissioner of 
 finance shall draw a warrant on the state treasurer, or execute 
 a proper conveyance to the persons designated in such order.  In 
 the event any escheated property has been sold pursuant to 
 sections 11A.04, clause (9) and 11A.10, subdivision 2 or 94.09 
 to 94.16, then the warrant shall be for the appraised value as 
 established during the administration of the decedent's estate.  
 There is hereby annually appropriated from any moneys in the 
 state treasury not otherwise appropriated an amount sufficient 
 to make payment to all such designated persons.  No interest 
 shall be allowed on any amount paid to such persons.  

    HIST: (8992-190) 1935 c 72 s 190; 1957 c 861 s 8; 1973 c 492 s 
 14; 1975 c 347 s 139; 1979 c 303 art 3 s 40; 1980 c 607 art 14 s 
 46; 1986 c 444 

     525.85 Disclosure proceedings.  

    Upon the filing of a petition by the representative or any 
 person interested in the estate, alleging that any person has 
 concealed, converted, embezzled, or disposed of any property 
 belonging to the estate of a decedent or that any person has 
 possession or knowledge of any will or codicil of such decedent, 
 or of any instruments in writing relating to such property, the 
 court, upon such notice as it may direct may order such person 
 to appear before it for disclosure.  Refusal to appear or submit 
 to examination, or failure to obey any lawful order based 
 thereon shall constitute contempt of court.  

    HIST: (8992-191) 1935 c 72 s 191 

  525.86 Repealed, 1975 c 347 s 144 

  525.87 Repealed, 1975 c 347 s 144 

     525.88 State patents.  

    Where patents for public lands have been or may be issued, 
 in pursuance of any law of this state, to a person who has died 
 before the date of such patent, the title to the land designated 
 therein shall inure to and become vested in the heirs, devisees, 
 or assignees of such deceased patentees as if the patent had 
 been issued to the deceased person during life.  

    HIST: (8992-194) 1935 c 72 s 194 

     525.881 Federal patents.  

    When any person holding a homestead or tree claim entry 
 under the laws of the United States has died before making final 
 proof and final proof has afterwards been made by the heirs, 
 devisees, or representatives, and a patent has been granted to 
 the"heirs" or "devisees," the district court of the county in 
 which the real estate so patented is situated, may determine who 
 are such heirs or devisees, and may determine their respective 
 shares in such homestead or tree claim.  The provisions of the 
 code of civil procedure relating to the determination of adverse 
 claims to real estate in so far as the same may be applicable, 
 shall pertain to and govern the procedure in the action provided 
 for in this section.  

    HIST: (8992-195) 1921 c 36 s 2; 1935 c 72 s 195; 1986 c 444 

  525.89 Repealed, 1974 c 442 art 8 s 524.8-102 

  525.90 Renumbered 524.2-702 

  525.91 Letters, contents. 

    All letters issued by the courts to representatives of 
 estates of deceased persons shall state the date of death of the 
 deceased. 

    HIST: 1975 c 347 s 140 

     525.921 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 525.921 to 525.9224 the terms defined in this section have the 
 meanings given them.  

    Subd. 1a.    Anatomical gift.  "Anatomical gift" means a 
 donation of all or part of a human body to take effect upon or 
 after death. 

    Subd. 2. Repealed, 1991 c 202 s 42 

    Subd. 3.    Decedent.  "Decedent" means a deceased 
 individual and includes a stillborn infant or an embryo or fetus 
 that has died of natural causes in utero.  

    Subd. 3a.    Document of gift.  "Document of gift" means 
 a card, a statement attached to or imprinted on a motor vehicle 
 operator's or chauffeur's license, a will, or other writing used 
 to make an anatomical gift. 

    Subd. 4.    Donor.  "Donor" means an individual who 
 makes an anatomical gift of all or part of the individual's body.

    Subd. 4a.    Enucleator.  "Enucleator" means an 
 individual who has completed a course in eye enucleation 
 conducted and certified by the department of ophthalmology of 
 any accredited college of medicine, and holds a valid 
 certificate of competence for completing the course. 

    Subd. 5.    Hospital.  "Hospital" means a facility 
 licensed, accredited, or approved as a hospital under the laws 
 of any state or a facility operated as a hospital by the United 
 States government, a state, or a subdivision of a state. 

    Subd. 6.    Part.  "Part" means organs, tissues, eyes, 
 bones, arteries, blood, other fluids and any other portions of a 
 human body.  

    Subd. 7.    Person.  "Person" means an individual, 
 corporation, government or governmental subdivision or agency, 
 business trust, estate, trust, partnership or association, or 
 any other legal entity.  

    Subd. 8.    Physician or surgeon.  "Physician" or 
 "surgeon" means an individual licensed or otherwise authorized 
 to practice medicine and surgery or osteopathy and surgery under 
 the laws of any state.  

    Subd. 8a.    Procurement organization.  "Procurement 
 organization" means a person licensed, accredited, or approved 
 under the laws of any state for procurement, distribution, or 
 storage of human bodies or parts. 

    Subd. 9.    State.  "State" includes any state, 
 district, commonwealth, territory, insular possession, and any 
 other area subject to the legislative authority of the United 
 States of America.  

    Subd. 10.    Technician.  "Technician" means an 
 individual who is appropriately trained to remove or process a 
 part. 

    HIST: 1969 c 79 s 1; 1986 c 444; 1991 c 202 s 18-27 

     525.9211 Making, amending, revoking, and refusing to 
  make anatomical gifts by individual. 

    (a) An individual who is at least 18 years of age, or a 
 minor with the written consent of a parent or legal guardian, 
 may (i) make an anatomical gift for any of the purposes stated 
 in section 525.9215, paragraph (a), (ii) limit an anatomical 
 gift to one or more of those purposes, or (iii) refuse to make 
 an anatomical gift. 

    (b) An anatomical gift may be made by a will or by a 
 document of gift signed by the donor.  If the donor cannot sign, 
 the document of gift must be signed by another individual and by 
 two witnesses, all of whom have signed at the direction and in 
 the presence of the donor and of each other, and state that it 
 has been so signed. 

    (c) If a document of gift is attached to or imprinted on a 
 donor's motor vehicle operator's or chauffeur's license, the 
 document of gift must comply with paragraph (b).  Revocation, 
 suspension, expiration, or cancellation of the license does not 
 invalidate the anatomical gift. 

    (d) A document of gift may designate a particular physician 
 or surgeon to carry out the appropriate procedures.  In the 
 absence of a designation or if the designee is not available, 
 the donee or other person authorized to accept the anatomical 
 gift may employ or authorize any physician, surgeon, technician, 
 or enucleator to carry out the appropriate procedures. 

    (e) An anatomical gift by will takes effect upon death of 
 the testator, whether or not the will is probated.  If, after 
 death, the will is declared invalid for testamentary purposes, 
 the validity of the anatomical gift is unaffected. 

    (f) A donor may amend or revoke an anatomical gift, not 
 made by will, only by: 

    (1) a signed statement; 

    (2) an oral statement made in the presence of two 
 individuals; 

    (3) any form of communication during a terminal illness or 
 injury addressed to a health care professional or member of the 
 clergy; or 

    (4) the delivery of a signed statement to a specified donee 
 to whom a document of gift had been delivered. 

    (g) The donor of an anatomical gift made by will may amend 
 or revoke the gift in the manner provided for amendment or 
 revocation of wills, or as provided in paragraph (f). 

    (h) An anatomical gift that is not revoked by the donor 
 before death is irrevocable and does not require the consent or 
 concurrence of any person after the donor's death. 

    (i) An individual may refuse to make an anatomical gift of 
 the individual's body or part by (i) a writing signed in the 
 same manner as a document of gift, or (ii) any other writing 
 used to identify the individual as refusing to make an 
 anatomical gift.  During a terminal illness or injury, the 
 refusal may be an oral statement or other form of communication. 

    (j) In the absence of contrary indications by the donor, an 
 anatomical gift of a part is neither a refusal to give other 
 parts nor a limitation on an anatomical gift under section 
 525.9212 or on a removal or release of other parts under section 
 525.9213. 

    (k) In the absence of contrary indications by the donor, a 
 revocation or amendment of an anatomical gift is not a refusal 
 to make another anatomical gift.  If the donor intends a 
 revocation to be a refusal to make an anatomical gift, the donor 
 shall make the refusal pursuant to paragraph (i). 

    HIST: 1991 c 202 s 28 

     525.9212 Making, revoking, and objecting to anatomical 
  gifts, by others. 

    (a) Any member of the following classes of persons, in the 
 order of priority listed, may make an anatomical gift of all or 
 a part of the decedent's body for an authorized purpose, unless 
 the decedent has made a refusal to make that anatomical gift 
 that is unrevoked at the time of death: 

    (1) the spouse of the decedent; 

    (2) an adult son or daughter of the decedent; 

    (3) either parent of the decedent; 

    (4) an adult brother or sister of the decedent; 

    (5) a grandparent of the decedent; and 

    (6) a guardian or conservator of the person of the decedent 
 at the time of death or a health care agent or proxy appointed 
 by the decedent under 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. 

    (b) An anatomical gift may not be made by a person listed 
 in paragraph (a) if: 

    (1) a person in a prior class is available at the time of 
 death to make an anatomical gift; 

    (2) the person proposing to make an anatomical gift knows 
 of a refusal or contrary indications by the decedent; or 

    (3) the person proposing to make an anatomical gift knows 
 of an objection to making an anatomical gift by a member of the 
 person's class or a prior class. 

    (c) An anatomical gift by a person authorized under 
 paragraph (a) must be made by (i) a document of gift signed by 
 the person, or (ii) the person's telegraphic, recorded 
 telephonic, or other recorded message, or other form of 
 communication from the person that is contemporaneously reduced 
 to writing and signed by the recipient. 

    (d) An anatomical gift by a person authorized under 
 paragraph (a) may be revoked by any member of the same or a 
 prior class if, before procedures have begun for the removal of 
 a part from the body of the decedent, the physician, surgeon, 
 technician, or enucleator removing the part knows of the 
 revocation. 

    (e) A failure to make a decision as to an anatomical gift 
 under paragraph (a) is not an objection to the making of an 
 anatomical gift. 

    HIST: 1991 c 202 s 29; 1998 c 399 s 36 

     525.9213 Authorization by coroner or medical examiner or 
  local public health official. 

    (a) The coroner or medical examiner may release and permit 
 the removal of a part from a body within that official's 
 custody, for transplantation or therapy, if:  

    (1) the official has received a request for the part from a 
 hospital, physician, surgeon, or procurement organization; 

    (2) the official has made a reasonable effort, taking into 
 account the useful life of the part, to locate and examine the 
 decedent's medical records and inform persons listed in section 
 525.9212, paragraph (a), of their option to make, or object to 
 making, an anatomical gift; 

    (3) the official does not know of a refusal or contrary 
 indication by the decedent or objection by a person having 
 priority to act as listed in section 525.9212, paragraph (a); 

    (4) the removal will be by a physician, surgeon, or 
 technician; but in the case of eyes, by one of them or by an 
 enucleator; 

    (5) the removal will not interfere with any autopsy or 
 investigation; and 

    (6) the removal will be in accordance with accepted medical 
 standards.  

    (b) If the body is not within the custody of the coroner or 
 medical examiner, the local public health officer may release 
 and permit the removal of any part from a body in the local 
 public health officer's custody for transplantation or therapy 
 if the requirements of paragraph (a) are met. 

    (c) An official releasing and permitting the removal of a 
 part shall maintain a permanent record of the name of the 
 decedent, the person making the request, the date and purpose of 
 the request, the part requested, and the person to whom it was 
 released. 

    HIST: 1991 c 202 s 30 

     525.9214 Routine inquiry and required request; search 
  and notification. 

    (a) If, at or near the time of death of a patient, there is 
 no documentation in the medical record that the patient has made 
 or refused to make an anatomical gift, the hospital 
 administrator or a representative designated by the 
 administrator shall discuss with the patient or a relative of 
 the patient the option to make or refuse to make an anatomical 
 gift and may request the making of an anatomical gift pursuant 
 to section 525.9211 or 525.9212.  The request must be made with 
 reasonable discretion and sensitivity to the circumstances of 
 the family.  A request is not required if the gift is not 
 suitable, based upon accepted medical standards, for a purpose 
 specified in section 525.9215.  An entry must be made in the 
 medical record of the patient, stating the name of the 
 individual making the request, and the name, response, and 
 relationship to the patient of the person to whom the request 
 was made.  

    (b) The following persons shall make a reasonable search 
 for a document of gift or other information identifying the 
 bearer as a donor or as an individual who has refused to make an 
 anatomical gift: 

    (1) a law enforcement officer, firefighter, paramedic, or 
 other emergency rescuer finding an individual who the searcher 
 believes is dead or near death; 

    (2) a hospital or emergency care facility, upon the 
 admission or presentation of an individual at or near the time 
 of death, if there is not immediately available any other source 
 of that information; and 

    (3) a medical examiner or coroner upon receipt of a body. 

    (c) If a document of gift or evidence of refusal to make an 
 anatomical gift is located by the search required by paragraph 
 (b), clause (1), and the individual or body to whom it relates 
 is taken to a hospital, the hospital must be notified of the 
 contents and the document or other evidence must be sent to the 
 hospital. 

    (d) If, at or near the time of death of a patient, a 
 hospital knows that an anatomical gift has been made pursuant to 
 section 525.9212, paragraph (a), or a release and removal of a 
 part has been permitted pursuant to section 525.9213, or that a 
 patient or an individual identified as in transit to the 
 hospital is a donor, the hospital shall notify the donee if one 
 is named and known to the hospital; if not, it shall notify an 
 appropriate procurement organization.  The hospital shall 
 cooperate in the implementation of the anatomical gift or 
 release and removal of a part. 

    (e) A person who fails to discharge the duties imposed by 
 this section is not subject to criminal or civil liability.  

    HIST: 1991 c 202 s 31 

     525.9215 Persons who may become donees; purposes for 
  which anatomical gifts may be made. 

    (a) The following persons may become donees of anatomical 
 gifts for the purposes stated: 

    (1) a hospital, nonprofit organization in medical education 
 and research, physician, surgeon, or procurement organization, 
 for transplantation, therapy, medical or dental education, 
 research, or advancement of medical or dental science; 

    (2) an accredited medical or dental school, college, or 
 university for education, research, advancement of medical or 
 dental science; 

    (3) an approved chiropractic college for education; or 

    (4) a designated individual for transplantation or therapy 
 needed by that individual. 

    (b) An anatomical gift may be made to a designated donee or 
 without designating a donee.  If a donee is not designated or if 
 the donee is not available or rejects the anatomical gift, the 
 anatomical gift may be accepted by any hospital or procurement 
 organization. 

    (c) If the donee knows of the decedent's refusal or 
 contrary indications to make an anatomical gift or that an 
 anatomical gift by a member of a class having priority to act is 
 opposed by a member of the same class or a prior class under 
 section 525.9212, paragraph (a), the donee may not accept the 
 anatomical gift. 

    HIST: 1991 c 202 s 32 

     525.9216 Delivery of document of gift. 

    (a) Delivery of a document of gift during the donor's 
 lifetime is not required for the validity of an anatomical gift. 

    (b) If an anatomical gift is made to a designated donee, 
 the document of gift, or a copy, may be delivered to the donee 
 to expedite the appropriate procedures after death.  The 
 document of gift, or a copy, may be deposited in any hospital, 
 procurement organization, or registry office that accepts it for 
 safekeeping or for facilitation of procedures after death.  On 
 request of an interested person, upon or after the donor's 
 death, the person in possession shall allow the interested 
 person to examine or copy the document of gift. 

    HIST: 1991 c 202 s 33 

     525.9217 Rights and duties at death. 

    (a) Rights of a donee created by an anatomical gift are 
 superior to rights of others except with respect to autopsies 
 under section 525.9221, paragraph (b).  A donee may accept or 
 reject an anatomical gift.  If a donee accepts an anatomical 
 gift of an entire body, the donee, subject to the terms of the 
 gift, may allow embalming and use of the body in funeral 
 services.  If the gift is of a part of a body, the donee, upon 
 the death of the donor and before embalming, shall cause the 
 part to be removed without unnecessary mutilation.  After 
 removal of the part, custody of the remainder of the body vests 
 in the person under obligation to dispose of the body. 

    (b) The time of death must be determined by a physician or 
 surgeon who attends the donor at death or, if none, the 
 physician or surgeon who certifies the death.  Neither the 
 physician or surgeon who attends the donor at death nor the 
 physician or surgeon who determines the time of death may 
 participate in the procedures for removing or transplanting a 
 part unless the document of gift designates a particular 
 physician or surgeon pursuant to section 525.9211, paragraph (d).

    (c) If there has been an anatomical gift, a technician may 
 remove any donated parts and an enucleator may remove any 
 donated eyes or parts of eyes, after determination of death by a 
 physician or surgeon. 

    HIST: 1991 c 202 s 34 

     525.9218 Coordination of procurement and use. 

    The procurement organizations, after consultation with 
 hospitals, shall establish agreements or affiliations for 
 coordination of procurement and use of human bodies and parts. 

    HIST: 1991 c 202 s 35 

     525.9219 Sale or purchase of parts prohibited. 

    (a) A person may not knowingly, for valuable consideration, 
 purchase or sell a part for transplantation or therapy, if 
 removal of the part is intended to occur after the death of the 
 decedent. 

    (b) Valuable consideration does not include reasonable 
 payment for the removal, processing, disposal, preservation, 
 quality control, storage, transportation, or implantation of a 
 part. 

    (c) A person who violates this section is guilty of a 
 felony and upon conviction is subject to a fine not exceeding 
 $50,000 or imprisonment not exceeding five years, or both. 

    HIST: 1991 c 202 s 36 

  525.922 Repealed, 1991 c 202 s 42 

     525.9221 Examination, autopsy, applicable law, liability.

    (a) An anatomical gift authorizes any reasonable 
 examination necessary to assure medical acceptability of the 
 gift for the purposes intended. 

    (b) The provisions of sections 525.921 to 525.9224 are 
 subject to the laws of this state governing autopsies. 

    (c) A hospital, physician, surgeon, coroner, medical 
 examiner, local public health officer, enucleator, technician, 
 or other person, who acts in accordance with sections 525.921 to 
 525.9224 or with the applicable anatomical gift law of another 
 state or a foreign country or attempts in good faith to do so is 
 not liable for that act in a civil action or criminal proceeding.

    (d) An individual who makes an anatomical gift pursuant to 
 section 525.9211 or 525.9212, and the individual's estate are 
 not liable for any injury or damage that may result from the 
 making or the use of the anatomical gift. 

    (e) The provision or use of any part of a human body, 
 including blood, blood components, bone marrow, or solid organs 
 from living donors, for the purpose of injection, transfusion, 
 or transplantation in the human body is the rendition of a 
 health care service by each person participating in the 
 provision or use and is not a sale of goods, as that term is 
 defined in section 336.2-105, paragraph (1), or a sale of a 
 product. 

    HIST: 1991 c 202 s 37; 1993 c 13 art 1 s 46; 1993 c 256 s 1 

     525.9222 Transitional provisions. 

    Sections 525.921 to 525.9224 apply to a document of gift, 
 revocation, or refusal to make an anatomical gift signed by the 
 donor or a person authorized to make or object to making an 
 anatomical gift before, on, or after the effective date of 
 sections 525.921 to 525.9224. 

    HIST: 1991 c 202 s 38 

     525.9223 Uniformity of application and construction. 

    Sections 525.921 to 525.9224 shall be applied and construed 
 to effectuate their general purpose to make uniform the law with 
 respect to the subject of sections 525.921 to 525.9224 among 
 states enacting it. 

    HIST: 1991 c 202 s 39 

     525.9224 Short title. 

    Sections 525.921 to 525.9224 may be cited as the "Uniform 
 Anatomical Gift Act (1987)." 

    HIST: 1991 c 202 s 40 

  525.923 Repealed, 1991 c 202 s 42 

  525.924 Repealed, 1991 c 202 s 42 

  525.925 Repealed, 1991 c 202 s 42 

  525.926 Repealed, 1991 c 202 s 42 

  525.927 Repealed, 1991 c 202 s 42 

  525.928 Repealed, 1991 c 202 s 42 

  525.929 Repealed, 1991 c 202 s 42 

  525.93 Repealed, 1991 c 202 s 42 

  525.94 Repealed, 1991 c 202 s 42 

     525.95 Fiduciary powers, suspension during war service. 

    Subdivision 1.    Definitions.  The definitions in this 
 subdivision apply to this section. 

    (a) "War service" includes the following, during a period 
 when the United States is engaged in war or other major military 
 engagement with a foreign nation: 

    (1) active membership in the military forces of the United 
 States or any of its allies; 

    (2) acceptance for membership in the military forces of the 
 United States or any of its allies and awaiting induction into 
 that service; 

    (3) participation in work abroad in connection with a 
 governmental agency of the United States or any of its allies, 
 with the Red Cross, or with a similar service; 

    (4) internment by an enemy or absence from the United 
 States and inability to return; and 

    (5) service arising out of or in connection with the war or 
 other major military engagement, which in the opinion of the 
 court prevents the fiduciary from giving the proper attention to 
 duties. 

    (b) "Fiduciary" refers to a trustee of a testamentary trust 
 or of an express trust, a guardian or conservator of the person 
 or estate of a person, an executor of a will, an administrator 
 of the estate of the decedent, a custodian under the Minnesota 
 Uniform Transfers to Minors Act, or an advisor or consultant in 
 a testamentary or express trust. 

    Subd. 2.    Powers of fiduciary may be suspended; 
 petition.  A fiduciary who contemplates entering war service, 
 a fiduciary who is engaged in war service, a cofiduciary, or an 
 interested person may petition the proper court having 
 jurisdiction in matters of that nature for the suspension of the 
 powers and duties of the fiduciary during the period of war 
 service and until the further order of the court, and may 
 petition for the reinstatement of the fiduciary upon the 
 fiduciary's return. 

    Subd. 3.    Notice of hearing.  Notice of the hearing on 
 a petition under subdivision 2 must be given to persons and in 
 the manner the court directs. 

    Subd. 4.    Hearing; order.  After a hearing on a 
 petition under subdivision 2 or in the case of an executor, 
 administrator, or guardian on the court's own motion, the court 
 may: 

    (1) order the suspension of the powers and duties of the 
 fiduciary who is in war service for the period of the war 
 service and until the further order of the court; 

    (2) appoint a successor fiduciary to serve for the period 
 of suspension of the powers and duties of the fiduciary and 
 until the further order of the court, if upon suspension of 
 powers and duties, there is no fiduciary to exercise the powers 
 and duties of the fiduciary who is in war service, or if in the 
 opinion of the court the appointment of a cofiduciary is 
 advisable; 

    (3) decree that the ownership and title to the trust 
 property vests in the successor fiduciary or cofiduciary, as the 
 case may be, and that the duties, powers, and discretions, or 
 those of the powers and discretions that are not personal to the 
 fiduciary, may be exercised by the cofiduciary or successor 
 fiduciary; 

    (4) make other orders the court considers advisable with 
 respect to the trust estate or its administration, and authorize 
 a reasonable compensation to the successor fiduciary; or 

    (5) reserve jurisdiction for the entry of further orders 
 and for the reinstatement of the fiduciary. 

    Upon petition, the court shall order the reinstatement of 
 the fiduciary when the fiduciary's war service has terminated if 
 it appears that the trust is not fully executed or 
 administration of the estate is not completed. 

    Subd. 5.    Responsibility of fiduciary.  The fiduciary 
 has no responsibility for the acts and doings of the cofiduciary 
 or successor fiduciary during the period of the suspension of 
 the fiduciary's powers and duties, but is not relieved of 
 responsibility for the fiduciary's own acts or doings in the 
 administration of the trust fund or estate.  A successor 
 fiduciary appointed under this section is not responsible for 
 the acts of the predecessor fiduciary. 

    HIST: 1989 c 340 art 1 s 75