SF 2592

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to probate; allowing certain individuals to 
  1.3             serve as a guardian or conservator under limited 
  1.4             circumstances; amending Minnesota Statutes 2003 
  1.5             Supplement, sections 524.5-309; 524.5-413. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   524.5-309, is amended to read: 
  1.9      524.5-309 [WHO MAY BE GUARDIAN:  PRIORITIES.] 
  1.10     (a) Subject to paragraph (c), the court, in appointing a 
  1.11  guardian, shall consider persons otherwise qualified in the 
  1.12  following order of priority: 
  1.13     (1) a guardian, other than a temporary or emergency 
  1.14  guardian, currently acting for the respondent in this state or 
  1.15  elsewhere; 
  1.16     (2) an agent appointed by the respondent under a health 
  1.17  care directive pursuant to chapter 145C; 
  1.18     (3) the spouse of the respondent or a person nominated by 
  1.19  will or other signed writing executed in the same manner as a 
  1.20  health care directive pursuant to chapter 145C of a deceased 
  1.21  spouse; 
  1.22     (4) an adult child of the respondent; 
  1.23     (5) a parent of the respondent, or an individual nominated 
  1.24  by will or other signed writing executed in the same manner as a 
  1.25  health care directive pursuant to chapter 145C of a deceased 
  2.1   parent; and 
  2.2      (6) an adult with whom the respondent has resided for more 
  2.3   than six months before the filing of the petition. 
  2.4      (b) The court, acting in the best interest of the 
  2.5   respondent, may decline to appoint a person having priority and 
  2.6   appoint a person having a lower priority or no priority.  With 
  2.7   respect to persons having equal priority, the court shall select 
  2.8   the one it considers best qualified. 
  2.9      (c) Any individual or agency which provides residence, 
  2.10  custodial care, medical care, employment training or other care 
  2.11  or services for which they receive a fee may not be appointed as 
  2.12  guardian unless: 
  2.13     (1) the guardian is an individual related to the respondent 
  2.14  by blood, marriage, or adoption; or 
  2.15     (2) the guardian is an individual and the court finds that 
  2.16  the individual is the most suitable person available for the 
  2.17  appointment, that the appointment is in the best interests of 
  2.18  the respondent, and that appropriate safeguards are in place to 
  2.19  avoid a conflict of interest between the individual's role as a 
  2.20  guardian and role as a provider of other care or services. 
  2.21     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  2.22  524.5-413, is amended to read: 
  2.23     524.5-413 [WHO MAY BE CONSERVATOR; PRIORITIES.] 
  2.24     (a) Except as otherwise provided in paragraph (d), the 
  2.25  court, in appointing a conservator, shall consider persons 
  2.26  otherwise qualified in the following order of priority: 
  2.27     (1) a conservator, guardian of the estate, or other like 
  2.28  fiduciary appointed or recognized by an appropriate court of any 
  2.29  other jurisdiction in which the protected person resides; 
  2.30     (2) a person nominated as conservator by the respondent, 
  2.31  including the respondent's most recent nomination made in a 
  2.32  durable power of attorney, if the respondent has attained 14 
  2.33  years of age and at the time of the nomination had sufficient 
  2.34  capacity to express a preference; 
  2.35     (3) an agent appointed by the respondent to manage the 
  2.36  respondent's property under a durable power of attorney; 
  3.1      (4) the spouse of the respondent; 
  3.2      (5) an adult child of the respondent; 
  3.3      (6) a parent of the respondent; and 
  3.4      (7) an adult with whom the respondent has resided for more 
  3.5   than six months before the filing of the petition. 
  3.6      (b) A person having priority under paragraph (a), clause 
  3.7   (1), (4), (5), or (6), may designate in writing a substitute to 
  3.8   serve instead and thereby transfer the priority to the 
  3.9   substitute. 
  3.10     (c) The court, acting in the best interest of the protected 
  3.11  person, may decline to appoint a person having priority and 
  3.12  appoint a person having a lower priority or no priority.  With 
  3.13  respect to persons having equal priority, the court shall select 
  3.14  the one it considers best qualified. 
  3.15     (d) Any individual or agency which provides residence, 
  3.16  custodial care, medical care, employment training, or other care 
  3.17  or services for which they receive a fee may not be appointed as 
  3.18  conservator unless: 
  3.19     (1) the conservator is an individual related to the 
  3.20  respondent by blood, marriage, or adoption; or 
  3.21     (2) the conservator is an individual and the court finds 
  3.22  that the individual is the most suitable person available for 
  3.23  the appointment, that the appointment is in the best interests 
  3.24  of the respondent, and that appropriate safeguards are in place 
  3.25  to avoid a conflict of interest between the individual's role as 
  3.26  a conservator and role as a provider of other care or services.