HF 265

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:35am

A bill for an act
relating to disposition of items on death; clarifying certain references; providing
for collection of certain property by affidavit; amending the Darlene Luther
Revised Uniform Anatomical Gifts Act and other statutes to clarify and conform
inconsistent provisions authorizing agents to make medical decisions, control
final disposition of remains, and make anatomical gifts; correcting an erroneous
reference and making other corrections and clarifications; amending Minnesota
Statutes 2008, sections 149A.80, subdivision 2; 524.1-304; 524.3-413;
524.3-1201; 524.3-1203, subdivision 5; 525A.03; 525A.09; 525A.14; 525A.19.

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

ARTICLE 1

UNIFORM PROBATE CODE AMENDMENTS

Section 1.

Minnesota Statutes 2008, section 524.1-304, is amended to read:

524.1-304 PRACTICE IN COURT.

new text begin (a) new text end Unless inconsistent with the provisions of this chapter or chapter 525, pleadings,
practice, procedure and forms in all probate proceedings shall be governed insofar as
practicable by Rules of Civil Procedure provided for in section 487.23 and adopted
pursuant thereto.

new text begin (b) Notwithstanding subsection (a), and in addition to its general powers, the court
shall have power to correct, modify, vacate, or amend its records, orders, and decrees:
new text end

new text begin (1) at any time, for the correction of clerical error or pursuant to the provisions of
section 524.3-413;
new text end

new text begin (2) within the time for taking an appeal, for the correction of judicial error;
new text end

new text begin (3) within two years after petitioner's discovery thereof, for fraud, whether intrinsic
or extrinsic, or misrepresentation unless petitioner be a party to such fraud; or
new text end

new text begin (4) within two years after the date of filing of any record, order, or decree, for
excusable neglect, inadvertence, or mistake.
new text end

new text begin 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.
new text end

Sec. 2.

Minnesota Statutes 2008, section 524.3-413, is amended to read:

524.3-413 FORMAL TESTACY PROCEEDINGS; VACATION OF ORDER
FOR OTHER CAUSE AND MODIFICATION OF ORDERS, JUDGMENTS, AND
DECREES.

For good cause shown, an order, judgment or decree in a formal proceeding may
be modified or vacated within the time limits and upon the grounds stated in section
deleted text begin 525.02 deleted text end new text begin 524.1-304 new text end , except that the same may be modified to include omitted property or to
correct a description at any time, as hereinafter provided.

Whenever real or personal property or any interest therein has been omitted from
probate proceedings, from a deed or transfer of distribution, a decree of distribution, or an
order for distribution, or has been incorrectly described therein, any person interested in
the estate or claiming an interest in such property may petition the probate court of the
county in which such proceedings were had for a decree to determine its descent and to
assign it to the persons entitled thereto, or to amend the deed or transfer of distribution,
decree of distribution, or order of distribution to include such omitted property, or to
correct the description, with or without notice. No order or decree of omitted property
shall be entered under this section until any inheritance taxes due are paid or the court
finds there are no taxes due.

Sec. 3.

Minnesota Statutes 2008, section 524.3-1201, is amended to read:

524.3-1201 COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.

(a) Thirty days after the death of a decedent, (i) any person indebted to the
decedent, (ii) any person having possession of tangible personal property or an instrument
evidencing a debt, obligation, stock, or chose in action belonging to the decedent, or (iii)
any safe deposit company, as defined in section 55.01, controlling the right of access to
decedent's safe deposit box shall make payment of the indebtedness or deliver the tangible
personal property or an instrument evidencing a debt, obligation, stock, or chose in
action or deliver the entire contents of the safe deposit box to a person claiming to be the
successor of the decedent, or a state or county agency with a claim authorized by section
256B.15, upon being presented a certified death record of the decedent and an affidavit deleted text begin , in
duplicate, deleted text end made by or on behalf of the successor stating that:

(1) the value of the entire probate estate, determined as of the date of death,
wherever located, including specifically any contents of a safe deposit box, less liens and
encumbrances, does not exceed deleted text begin $20,000 deleted text end new text begin $50,000 new text end ;

(2) 30 days have elapsed since the death of the decedent or, in the event the property
to be delivered is the contents of a safe deposit box, 30 days have elapsed since the filing
of an inventory of the contents of the box pursuant to section 55.10, paragraph (h);

(3) no application or petition for the appointment of a personal representative is
pending or has been granted in any jurisdiction;

(4) if presented, by a state or county agency with a claim authorized by section
256B.15, to a financial institution with a multiple-party account in which the decedent
had an interest at the time of death, the amount of the affiant's claim and a good faith
estimate of the extent to which the decedent was the source of funds or beneficial owner
of the account; and

(5) the claiming successor is entitled to payment or delivery of the property.

(b) A transfer agent of any security shall change the registered ownership on
the books of a corporation from the decedent to the successor or successors upon the
presentation of an affidavit as provided in subsection (a).

(c) The claiming successor or state or county agency shall disburse the proceeds
collected under this section to any person with a superior claim under section 524.2-403
or 524.3-805.

(d) A motor vehicle registrar shall issue a new certificate of title in the name of the
successor upon the presentation of an affidavit as provided in subsection (a).

(e) The person controlling access to decedent's safe deposit box need not open the
box or deliver the contents of the box if:

(1) the person has received notice of a written or oral objection from any person or
has reason to believe that there would be an objection; or

(2) the lessee's key or combination is not available.

Sec. 4.

Minnesota Statutes 2008, section 524.3-1203, subdivision 5, is amended to read:

Subd. 5.

Exhaustion of estate.

In any summary, special, or other administration
in which it appears that the estate will not be exhausted in payment of the priority items
enumerated in subdivisions 1 to 4, the estate may nevertheless be summarily closed
without further notice, and the property assigned to the proper persons, if the gross probate
estate, exclusive of any exempt homestead as defined in section 524.2-402, and any
exempt property as defined in section 524.2-403, does not exceed the value of $100,000.
If the closing and distribution of assets is made pursuant to the terms of a will, no decree
shall issue until a hearing has been held for formal probate of the will as provided in
sections 524.3-401 to 524.3-413.

No summary closing of an estate shall be made to any distributee under this
subdivision, unless a showing is made by the personal representative or the petitioner, that
all property selected by and allowances to the spouse and children as provided in section
524.2-403 and the expenses and claims provided in section 524.3-805 have been paid,
and provided, further, that a bond shall be filed by the personal representative or the
petitioner, conditioned upon the fact that all such obligations have been paid and that all
the facts shown on the petition are true, with sufficient surety approved by the court in
an amount as may be fixed by the court to cover potential improper distributions. If a
personal representative is appointed, the representative's bond shall be sufficient for such
purpose unless an additional bond is ordered, and the sureties on the bond shall have the
same obligations and liabilities as provided for sureties on a distribution bond.

In the event that an improper distribution or disbursement is made in a summary
closing, in that not all of said obligations have been paid or that other facts as shown by
the personal representative or the petitioner, are not true, resulting in damage to any
party, the court may vacate its summary decree or closing order, and the petitioner or
the personal representative, together with the surety, shall be liable for damages to any
party determined to be injured thereby as herein provided. The personal representative,
petitioner, or the surety, may seek reimbursement for damages so paid or incurred from
any distributee or recipient of assets under summary decree or order, who shall be required
to make a contribution to cover such damages upon a pro rata basis or as may be equitable
to the extent of assets so received. The court is hereby granted complete and plenary
jurisdiction of any and all such proceedings and may enter such orders and judgments as
may be required to effectuate the purposes of this subdivision.

Any judgment rendered for damages or the recovery of assets in such proceedings
shall be upon petition and only after hearing held thereon on 14 days' notice of hearing and
a copy of petition served personally upon the personal representative and the surety and
upon any distributee or recipient of assets where applicable. Any action for the recovery
of money or damages under this subdivision is subject to the time and other limitations
imposed by section deleted text begin 525.02 deleted text end new text begin 524.1-304 new text end .

ARTICLE 2

ANATOMICAL GIFTS

Section 1.

Minnesota Statutes 2008, section 149A.80, subdivision 2, is amended to
read:

Subd. 2.

Determination of right to control and duty of disposition.

The right to
control the disposition of the remains of a deceased person, including the location and
conditions of final disposition, unless other directions have been given by the decedent
pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves
upon, the following in the order of priority listed:

(1) the person or persons appointed in a dated written instrument signed by the
decedent. Written instrument includes, but is not limited to, a health care directive
executed under chapter 145C. Written instrument does not include a durable or nondurable
power of attorney which terminates on the death of the principal pursuant to sections
523.08 and 523.09;

(2) the spouse of the decedent;

(3) the adult child or the majority of the adult children of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the child or children who represent that they are the sole
surviving child, or that they constitute a majority of the surviving children;

(4) the surviving parent or parents of the decedent, each having equal authority;

(5) the adult sibling or the majority of the adult siblings of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving siblings;

(6) new text begin the adult grandchild or the majority of the adult grandchildren of the decedent,
provided that, in the absence of actual knowledge to the contrary, a funeral director or
mortician may rely on instructions given by a grandchild or grandchildren who represent
that they are the only grandchild or grandchildren reasonably available to control final
disposition of the decedent's remains or represent a majority of grandchildren reasonably
available to control final disposition of the decedent's remains;
new text end

new text begin (7) the grandparent or the grandparents of the decedent, each having equal authority;
new text end

new text begin (8) the adult nieces and nephews of the decedent, or a majority of them, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by a niece, nephew, or nieces or nephews who represent
that they are the only niece, nephew, or nieces or nephews reasonably available to control
final disposition of the decedent's remains or represent a majority of nieces and nephews
reasonably available to control final disposition of the decedent's remains;
new text end

new text begin (9) the person or persons who were acting as the guardians of the person of the
decedent with authority to make health care decisions for the decedent at the time of death;
new text end

new text begin (10) an adult who exhibited special care and concern for the decedent;
new text end

new text begin (11) new text end the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and

deleted text begin (7) deleted text end new text begin (12) new text end the appropriate public or court authority, as required by law.

For purposes of this subdivision, the appropriate public or court authority includes
the county board of the county in which the death occurred if the person dies without
apparent financial means to provide for final disposition or the district court in the county
in which the death occurred.

Sec. 2.

Minnesota Statutes 2008, section 525A.03, is amended to read:

525A.03 APPLICABILITY.

This chapter applies to an anatomical gift or amendment to, revocation of, or refusal
to make an anatomical gift, whenever made. new text begin Any condition, restriction, or limitation of
anatomical gift contained in a document of gift which becomes effective prior to April 1,
2010, shall continue to be effective under this chapter. A refusal to make an anatomical
gift shall be effective whenever made if the refusal is effective in accordance with the laws
of this state in effect at the time of the refusal, and shall be governed by the provisions of
this chapter regarding the treatment and effect of a refusal.
new text end

Sec. 3.

Minnesota Statutes 2008, section 525A.09, is amended to read:

525A.09 WHO MAY MAKE ANATOMICAL GIFT OF DECEDENT'S BODY
OR PART.

(a) Subject to paragraphs (b) and (c) and unless barred by section 525A.07 or
525A.08, an anatomical gift of a decedent's body or part for the purpose of transplantation,
therapy, research, or education may be made by any member of the following classes of
persons who is reasonably available, in the order of priority listed:

(1) deleted text begin an deleted text end new text begin a health care new text end agent deleted text begin of deleted text end new text begin appointed by new text end the decedent deleted text begin at the time of deleted text end new text begin in accordance
with chapter 145C who immediately prior to the decedent's new text end death deleted text begin who deleted text end could have made new text begin a
health care decision for the decedent if the decedent would have lacked capacity to make a
medical decision; an agent appointed by the decedent who could have made new text end an anatomical
gift new text begin on behalf of the decedent new text end under section 525A.04, clause deleted text begin (2) deleted text end new text begin (3) new text end , immediately before
the decedent's death; new text begin or an agent appointed by the decedent under section 149A.80 for the
purpose of controlling final disposition of the decedent's remains after the decedent's death;
new text end

(2) the spouse of the decedent;

(3) new text begin the new text end adult new text begin child or the majority of the adult new text end children of the decedent;

(4) new text begin the surviving parent or new text end parents of the decedent new text begin , each having equal authority new text end ;

(5) new text begin the new text end adult new text begin sibling or the majority of the adult new text end siblings of the decedent new text begin , provided
that, in the absence of actual knowledge to the contrary, a procurement organization may
rely on instructions given by the sibling or siblings who represent that they are the sole
surviving sibling, or that they constitute a majority of the surviving siblings new text end ;

(6) new text begin the new text end adult new text begin grandchild or the majority of the adult new text end grandchildren of the decedent new text begin ,
provided that, in the absence of actual knowledge to the contrary, a procurement
organization may rely on instructions given by a grandchild or grandchildren who
represent that they are the only grandchild or grandchildren reasonably available to
authorize an anatomical gift or represent a majority of grandchildren reasonably available
to authorize an anatomical gift new text end ;

(7) new text begin the grandparent or the new text end grandparents of the decedent new text begin , each having equal authority new text end ;

(8) new text begin the adult nieces and nephews of the decedent, or a majority of them, provided
that, in the absence of actual knowledge to the contrary, a procurement organization may
rely on instructions given by a niece, nephew, or nieces or nephews who represent that
they are the only niece, nephew, or nieces or nephews reasonably available to authorize
an anatomical gift or represent a majority of nieces and nephews reasonably available
to authorize an anatomical gift;
new text end

new text begin (9) new text end the new text begin person or new text end persons who were acting as the guardians of the person of the
decedent new text begin with authority to make health care decisions for the person new text end at the time of death;

deleted text begin (9) deleted text end new text begin (10) new text end an adult who exhibited special care and concern for the decedent; and

deleted text begin (10) deleted text end new text begin (11) new text end any other person having lawful authority to dispose of the decedent's body.

(b) If there is more than one member of a class listed in paragraph (a), clause (1),
(3), (4), (5), (6), (7), or deleted text begin (9) deleted text end new text begin (10) new text end , entitled to make an anatomical gift, an anatomical gift
may be made by a member of the class unless that member or a person to which the
gift may pass under section 525A.11 knows of an objection by another member of the
class. If an objection is known, the gift may be made only by a majority of the members
of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death,
a person in a prior class under paragraph (a) is reasonably available to make or to object to
the making of an anatomical gift.

Sec. 4.

Minnesota Statutes 2008, section 525A.14, is amended to read:

525A.14 RIGHTS AND DUTIES OF PROCUREMENT ORGANIZATION
AND OTHERS.

(a) When a hospital refers an individual at or near death to a procurement
organization, the organization shall make a reasonable search of the records of the
new text begin procurement organization, the new text end Department of Public Safety new text begin , new text end and any donor registry that it
knows exists for the geographical area in which the individual resides to ascertain whether
the individual has made an anatomical gift.

(b) A procurement organization must be allowed reasonable access to information
in the records of the Department of Public Safety to ascertain whether an individual at
or near death is a donor.

(c) When a hospital refers an individual at or near death to a procurement
organization, the organization may conduct any reasonable examination necessary to
ensure the medical suitability of a part that is or could be the subject of an anatomical gift
for transplantation, therapy, research, or education from a donor or a prospective donor.
During the examination period, measures necessary to ensure the medical suitability of the
part may not be withdrawn unless the hospital or procurement organization knows that
the individual expressed a contrary intent.

(d) Unless prohibited by law other than this chapter, at any time after a donor's death,
the person to which a part passes under section 525A.11 may conduct any reasonable
examination necessary to ensure the medical suitability of the body or part for its intended
purpose.

(e) Unless prohibited by law other than this chapter, an examination under paragraph
(c) or (d) may include an examination of all medical and dental records of the donor or
prospective donor.

(f) Upon the death of a minor who was a donor or had signed a refusal, unless a
procurement organization knows the minor is emancipated, the procurement organization
shall conduct a reasonable search for the parents of the minor and provide the parents with
an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(g) Upon referral by a hospital under paragraph (a), a procurement organization shall
make a reasonable search for any person listed in section 525A.09 having priority to make
an anatomical gift on behalf of a prospective donor. If a procurement organization receives
information that an anatomical gift to any other person was made, amended, or revoked, it
shall promptly advise the other person of all relevant information.

(h) Subject to sections 525A.11, paragraph (i), and 525A.23, the rights of the person
to which a part passes under section 525A.11 are superior to the rights of all others with
respect to the part. The person may accept or reject an anatomical gift in whole or in part.
Subject to the terms of the document of gift and this chapter, a person that accepts an
anatomical gift of an entire body may allow embalming, burial, or cremation, and use of
remains in a funeral service. If the gift is of a part, the person to which the part passes
under section 525A.11, upon the death of the donor and before embalming, burial, or
cremation, shall cause the part to be removed without unnecessary mutilation.

(i) Neither the physician who attends the decedent at death nor the physician who
determines the time of the decedent's death may participate in the procedures for removing
or transplanting a part from the decedent.

(j) A physician or technician may remove a donated part from the body of a donor
that the physician or technician is qualified to remove.

Sec. 5.

Minnesota Statutes 2008, section 525A.19, is amended to read:

525A.19 LAW GOVERNING VALIDITY; CHOICE OF LAW AS TO
EXECUTION OF DOCUMENT OF GIFT; PRESUMPTION OF VALIDITY.

(a) A document of gift is valid if executed in accordance with:

(1) this chapter;

(2) the laws of the state or country where it was executed; deleted text begin or
deleted text end

(3) the laws of the state or country where the person making the anatomical gift
was domiciled, has a place of residence, or was a national at the time the document of
gift was executed new text begin ; or
new text end

new text begin (4) the laws of this state prior to April 1, 2008 new text end .

(b) If a document of gift is valid under this section, the law of this state governs
the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical
gift is valid unless that person knows that it was not validly executed or was revoked.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end