SF 1462

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/29/2022 11:02am

A bill for an act
relating to protected persons; creating a crime for administering controlled
substances without a prescription; creating a crime for violating the bill of rights
for protected persons; amending Minnesota Statutes 2020, section 524.5-120;
Minnesota Statutes 2021 Supplement, section 609.2325, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 524.5-120, is amended to read:

524.5-120 BILL OF RIGHTS FOR PERSONS SUBJECT TO GUARDIANSHIP
OR CONSERVATORSHIP.

new text begin (a) new text end The person subject to guardianship or person subject to conservatorship retains all
rights not restricted by court order and these rights must be enforced by the court. These
rights include the right to:

(1) treatment with dignity and respect;

(2) due consideration of current and previously stated personal desires and preferences,
including but not limited to medical treatment preferences, cultural practices, religious
beliefs, and other preferences and opinions in decisions made by the guardian or conservator;

(3) participate in decision making about and receive timely and appropriate health care
and medical treatment that does not violate known preferences or conscientious, religious,
or moral beliefs of the person subject to guardianship or person subject to conservatorship;

(4) exercise control of all aspects of life unless delegated specifically to the guardian or
conservator by court order;

(5) guardianship or conservatorship services individually suited to the conditions and
needs of the person subject to guardianship or the person subject to conservatorship;

(6) petition the court to prevent or initiate a change in abode;

(7) care, comfort, social and recreational needs, employment and employment supports,
training, education, habilitation, and rehabilitation care and services, within available
resources;

(8) be consulted concerning, and to decide to the extent possible, the reasonable care
and disposition of the clothing, furniture, vehicles, and other personal property and effects
of the person subject to guardianship or person subject to conservatorship, to object to the
disposition of personal property and effects, and to petition the court for a review of the
guardian's or conservator's proposed disposition;

(9) personal privacy;

(10) communicate, visit, or interact with others, including receiving visitors or making
or receiving telephone calls, personal mail, or electronic communications including through
social media, or participating in social activities, unless the guardian has good cause to
believe restriction is necessary because interaction with the person poses a risk of significant
physical, psychological, or financial harm to the person subject to guardianship, and there
is no other means to avoid the significant harm. In all cases, the guardian shall provide
written notice of the restrictions imposed to the court, to the person subject to guardianship,
and to the person subject to restrictions. The person subject to guardianship or the person
subject to restrictions may petition the court to remove or modify the restrictions;

(11) marry and procreate, unless court approval is required;

(12) elect or object to sterilization as provided in section 524.5-313, paragraph (c), clause
(4), item (iv);

(13) at any time, petition the court for termination or modification of the guardianship
or conservatorship, and any decisions made by the guardian or conservator in relation to
powers granted, or for other appropriate relief;

(14) be represented by an attorney in any proceeding or for the purpose of petitioning
the court;

(15) vote, unless restricted by the court;

(16) be consulted concerning, and make decisions to the extent possible, about personal
image and name, unless restricted by the court; and

(17) execute a health care directive, including both health care instructions and the
appointment of a health care agent, if the court has not granted a guardian any of the powers
or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4).

new text begin (b) It is a crime for a legal guardian to prevent the protected person from exercising the
rights enumerated in paragraph (a) and the legal guardian may be sentenced to imprisonment
for not more than one year or to pay a fine of not more than $3,000, or both.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 609.2325, subdivision 1, is amended
to read:

Subdivision 1.

Crimes.

A caregiver who, with intent to produce physical or mental pain
or injury to a vulnerable adult, new text begin (1) new text end subjects a vulnerable adult to any aversive or deprivation
procedure, unreasonable confinement, or involuntary seclusion, new text begin or (2) intentionally
administers a controlled substance to a vulnerable adult without a valid prescription or
administers the controlled substance in a manner inconsistent with the terms of a valid
prescription, new text end is guilty of criminal abuse and may be sentenced as provided in subdivision
3.

This subdivision does not apply to therapeutic conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end