SF 1270

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 01:53pm

A bill for an act
relating to guardians; amending the background study requirements for parents of
proposed wards; amending Minnesota Statutes 2020, section 524.5-118, subdivision
1.

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

Section 1.

Minnesota Statutes 2020, section 524.5-118, subdivision 1, is amended to read:

Subdivision 1.

When required; exception.

(a) The court shall require a background
study under this section:

(1) before the appointment of a guardian or conservator, unless a background study has
been done on the person under this section within the previous five years; and

(2) once every five years after the appointment, if the person continues to serve as a
guardian or conservator.

(b) The background study must include:

(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
history data held by the commissioner of human services, and data regarding whether the
person has been a perpetrator of substantiated maltreatment of a vulnerable adult or minor;

(2) criminal history data from a national criminal history record check as defined in
section 245C.02, subdivision 13c; and

(3) state licensing agency data if a search of the database or databases of the agencies
listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
professional license directly related to the responsibilities of a professional fiduciary from
an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.

(c) If the guardian or conservator is not an individual, the background study must be
done on all individuals currently employed by the proposed guardian or conservator who
will be responsible for exercising powers and duties under the guardianship or
conservatorship.

(d) If the court determines that it would be in the best interests of the person subject to
guardianship or conservatorship to appoint a guardian or conservator before the background
study can be completed, the court may make the appointment pending the results of the
study, however, the background study must then be completed as soon as reasonably possible
after appointment, no later than 30 days after appointment.

(e) The fee for background studies conducted under this section is specified in section
245C.10, subdivision 14. The fee for conducting a background study for appointment of a
professional guardian or conservator must be paid by the guardian or conservator. In other
cases, the fee must be paid as follows:

(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes of
section 524.5-502, paragraph (a);

(2) if there is an estate of the person subject to guardianship or conservatorship, the fee
must be paid from the estate; or

(3) in the case of a guardianship or conservatorship of the person that is not proceeding
in forma pauperis, the court may order that the fee be paid by the guardian or conservator
or by the court.

(f) The requirements of this subdivision do not apply if the guardian or conservator is:

(1) a state agency or county;

(2) a parent or guardian of a person proposed to be subject to guardianship or
conservatorship who has a developmental disability, if new text begin :
new text end

new text begin (i) new text end the parent or guardian has raised the person proposed to be subject to guardianship
or conservatorship in the family home until the time the petition is filed deleted text begin , unless deleted text end new text begin or the
proposed ward enters a licensed facility prior to turning 18 years of age and the parent or
guardian has raised the proposed ward until the time the proposed ward entered the facility;
and
new text end

new text begin (ii) new text end counsel appointed for the person proposed to be subject to guardianship or
conservatorship under section 524.5-205, paragraph (d); 524.5-304, paragraph (b); 524.5-405,
paragraph (a); or 524.5-406, paragraph (b), deleted text begin recommends deleted text end new text begin does not recommend new text end a background
study; or

(3) a bank with trust powers, bank and trust company, or trust company, organized under
the laws of any state or of the United States and which is regulated by the commissioner of
commerce or a federal regulator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to background
checks required on or after that date.
new text end