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HF 3391

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/05/2020 03:35pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to civil law; modifying and modernizing certain provisions governing
guardianship and conservatorship; amending Minnesota Statutes 2018, sections
484.76, subdivision 2; 524.5-102, subdivisions 6, 7, 13a, by adding subdivisions;
524.5-104; 524.5-110; 524.5-113; 524.5-120; 524.5-205; 524.5-211; 524.5-303;
524.5-304; 524.5-307; 524.5-310; 524.5-311; 524.5-313; 524.5-316; 524.5-317;
524.5-403; 524.5-406; 524.5-408; 524.5-409; 524.5-411; 524.5-412; 524.5-414;
524.5-415; 524.5-416; 524.5-417; 524.5-420; 524.5-423; 524.5-431; 524.5-502;
609.748, subdivision 2; 611A.01; proposing coding for new law in Minnesota
Statutes, chapter 524.

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

Section 1.

Minnesota Statutes 2018, section 484.76, subdivision 2, is amended to read:


Subd. 2.

Scope.

Alternative dispute resolution methods provided for under the rules
must include arbitration, private trials, neutral expert fact-finding, mediation, minitrials,
consensual special magistrates including retired judges and qualified attorneys to serve as
special magistrates for binding proceedings with a right of appeal, and any other methods
developed by the supreme court. The methods provided must be nonbinding unless otherwise
agreed to in a valid agreement between the parties. Alternative dispute resolution may not
be required in deleted text beginguardianship, conservatorship, ordeleted text end civil commitment matters; or in matters
arising under section 144.651, 144.652, 518B.01, or 626.557.

Sec. 2.

Minnesota Statutes 2018, section 524.5-102, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin ABLE account. new text end

new text begin "ABLE account" means an Achieving a Better Life Experience
Act of 2014 account under section 529A of the Internal Revenue Code.
new text end

Sec. 3.

Minnesota Statutes 2018, section 524.5-102, subdivision 6, is amended to read:


Subd. 6.

Incapacitated person.

"Incapacitated person" means an individual who, for
reasons other than being a minor, is impaired to the extent of lacking sufficient understanding
or capacity to make deleted text beginor communicate responsibledeleted text end personal decisions, and who deleted text beginhas
demonstrated deficits in behavior which evidence an inability
deleted text endnew text begin is unablenew text end to meet personal
needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate
technological new text beginand supported decision making new text endassistance.

Sec. 4.

Minnesota Statutes 2018, section 524.5-102, subdivision 7, is amended to read:


Subd. 7.

Interested person.

"Interested person" includes:

(i) the new text beginadult subject to guardianship or conservatorship, new text endward, protected person, or
respondent;

(ii) a nominated guardian or conservator, or the duly appointed guardian or conservator;

(iii) legal representative;

(iv) the spouse, parent, adult childrennew text begin including adult step-children of a living spouse,new text end
and siblings, or if none of such persons is living or can be located, the next of kin of the
deleted text begin ward, protecteddeleted text end personnew text begin subject to guardianship, person subject to conservatorshipnew text end, or
respondent;

(v) an adult person who has lived with a deleted text beginward, protecteddeleted text end personnew text begin subject to guardianship,
person subject to conservatorship
new text end, or respondent for a period of more than six months;

(vi) an attorney for the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or deleted text beginprotecteddeleted text end personnew text begin subject
to conservatorship
new text end;

(vii) a governmental agency paying or to which an application has been made for benefits
for the respondent, deleted text beginward, or protecteddeleted text end personnew text begin subject to guardianship, or person subject to
conservatorship
new text end, including the county social services agency for the person's county of
residence and the county where the proceeding is venued;

(viii) a representative of a state ombudsman's office or a federal protection and advocacy
program that has notified the court that it has a matter regarding the deleted text beginward, protecteddeleted text end personnew text begin
subject to guardianship, person subject to conservatorship
new text end, or respondent;

(ix) 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; deleted text beginand
deleted text end

new text begin (x) in the case of a minor who is an Indian as defined under United States Code, title
25, section 1903, (1) the tribal chairman or delegated agent and (2) the regional director of
the minor child's tribe with service by registered or certified mail under Code of Federal
Regulations, title 25, parts 23.11 and 23.12; and
new text end

deleted text begin (x)deleted text endnew text begin (xi)new text end any other person designated by the court.

Sec. 5.

Minnesota Statutes 2018, section 524.5-102, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Interested party. new text end

new text begin "Interested party" means a person who has suffered some
injury-in-fact, a person who is the beneficiary of some legislative enactment granting
standing, or a person who must have sufficient personal interest in the matter so that it is
appropriate to allow that person to participate in the matter.
new text end

Sec. 6.

Minnesota Statutes 2018, section 524.5-102, subdivision 13a, is amended to read:


Subd. 13a.

deleted text beginProfessional guardian or professional conservatordeleted text endnew text begin Person subject to
conservatorship
new text end.

deleted text begin "Professional guardian" or "professional conservator" means a person
acting as guardian or conservator for three or more individuals not related by blood, adoption,
or marriage.
deleted text end new text begin "Person subject to conservatorship" means a minor or other individual for
whom a conservator has been appointed.
new text end

Sec. 7.

Minnesota Statutes 2018, section 524.5-102, is amended by adding a subdivision
to read:


new text begin Subd. 13b. new text end

new text begin Person subject to guardianship. new text end

new text begin "Person subject to guardianship" means
an individual for whom a guardian has been appointed.
new text end

Sec. 8.

Minnesota Statutes 2018, section 524.5-102, is amended by adding a subdivision
to read:


new text begin Subd. 13c. new text end

new text begin Professional guardian or professional conservator. new text end

new text begin "Professional guardian"
or "professional conservator" means a person acting as guardian or conservator for three or
more individuals not related by blood, adoption, or marriage.
new text end

Sec. 9.

Minnesota Statutes 2018, section 524.5-102, is amended by adding a subdivision
to read:


new text begin Subd. 16a. new text end

new text begin Supported decision making. new text end

new text begin "Supported decision making" means assistance
from one or more persons of an individual's choosing in understanding the nature and
consequences of potential personal and financial decisions which enables the individual to
make the decisions and, when consistent with the individual's wishes, in communicating a
decision once made.
new text end

Sec. 10.

Minnesota Statutes 2018, section 524.5-104, is amended to read:


524.5-104 FACILITY OF TRANSFER.

(a) A person deleted text beginrequired todeleted text endnew text begin who maynew text end transfer money or personal property to a minor may
do so, as to an amount or value not exceeding deleted text begin$5,000 per yeardeleted text endnew text begin the amount allowable as a
tax exclusion gift under section 2503(b) of the Internal Revenue Code
new text end or a different amount
that is approved by the court, by transferring it to:

(1) a person who has the care and custody of the minor and with whom the minor resides;

(2) a guardian of the minor;

(3) a custodian under the Uniform Transfers To Minors Act or custodial trustee under
the Uniform Custodial Trust Act; deleted text beginor
deleted text end

(4) a financial institution as a deposit in an interest-bearing account or certificate in the
sole name of the minor and giving notice of the deposit to the minordeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) an ABLE account. A guardian only has the authority to establish an ABLE account.
The guardian may not administer the ABLE account in the guardian's capacity as guardian.
new text end

(b) This section does not apply if the person making payment or delivery knows that a
conservator has been appointed or that a proceeding for appointment of a conservator of
the minor is pending.

(c) A person who transfers money or property in compliance with this section is not
responsible for its proper application.

(d) A guardian or other person who receives money or property for a minor under
paragraph (a), clause (1) or (2), may only apply it to the support, care, education, health,
and welfare of the minor, and may not derive a personal financial benefit except for
reimbursement for necessary expenses. Any excess must be preserved for the future support,
care, education, health, and welfare of the minor and any balance must be transferred to the
minor upon emancipation or attaining majority.

Sec. 11.

Minnesota Statutes 2018, section 524.5-110, is amended to read:


524.5-110 LETTERS OF OFFICE.

The court shall issue appropriate letters of guardianship upon the guardian's filing of an
acceptance of office. The court shall issue appropriate letters of conservatorship upon the
conservator's filing of an acceptance of office and any required bond. Letters of guardianship
must indicate whether the guardian was appointed by the court, a parent, or the spouse. Any
limitation on new text beginduration or on new text endthe powers of a guardian or conservator or of the assets subject
to a conservatorship must be endorsed on the guardian's or conservator's letters.

Sec. 12.

Minnesota Statutes 2018, section 524.5-113, is amended to read:


524.5-113 NOTICE.

(a) Except for notice for which specific requirements are otherwise provided in this
article or as otherwise ordered by the court for good cause, notice of a hearing on a petition
is required for all petitions in the manner prescribed by this section. The petitioner shall
give notice of the time and place of the hearing to all interested persons. Subject to paragraph
(f), notice must be given by mail postmarked at least 14 days before the hearing.

(b) Proof of notice must be made before or at the hearing and filed in the proceeding.

(c) A notice under this article must be given in plain language.

(d) 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. The notice shall 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 deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end,
incapacitated person, or deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end, a living will executed
under chapter 145B, or any other similar document executed in another state and enforceable
under the laws of this state. If a deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end, incapacitated person,
or deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end is under the guardianship or conservatorship
of the commissioner of human services as developmentally disabled 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.

(e) If a conservator is required to file a bond pursuant to section 524.5-415, notice of
any proceeding new text beginseeking a surcharge of any interested party new text endmust be sent or delivered to the
surety at the address shown in the court records at the place where the bond is filed and to
any other address then known to the petitioner.

(f) Except where personal service is required by statute for the petition to appoint a
guardian under section 524.5-308 or conservator under section 524.5-404, service of all
documents and notices under this chapter may, and where required by supreme court rule
or order shall, be made by electronic means other than facsimile transmission if authorized
by rule or order of the supreme court and if service is made in accordance with the rule or
order.

new text begin (g) An interested person may notify the court in writing that the interested person does
not wish to receive copies of notices required under any provision of this article after which
time neither the court nor any other person is required to give notice to any person who has
waived notice.
new text end

new text begin (h) After an initial hearing on any guardianship or conservatorship matter, the court may
limit the notices and reports required under any provision of this article to the persons
determined by the court.
new text end

Sec. 13.

Minnesota Statutes 2018, section 524.5-120, is amended to read:


524.5-120 BILL OF RIGHTS FOR deleted text beginWARDS AND PROTECTEDdeleted text end PERSONSnew text begin
SUBJECT TO GUARDIANSHIP OR CONSERVATORSHIP
new text end.

The deleted text beginward or protecteddeleted text end personnew text begin subject to guardianship or person subject to conservatorshipnew text end
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 desiresdeleted text begin,deleted text endnew text begin and preferences,
including but not limited to
new text end medical treatment preferences, new text begincultural practices, new text endreligious
beliefs, and other preferences and opinions in decisions made by the guardian or conservator;

(3) new text beginparticipate in decision making about and new text endreceive timely and appropriate health care
and medical treatment that does not violate known new text beginpreferences or new text endconscientious, religious,
or moral beliefs of the deleted text beginward or protecteddeleted text end personnew text begin subject to guardianship or person subject
to conservatorship
new text end;

(4) exercise control of all aspects of life deleted text beginnotdeleted text endnew text begin unlessnew text end delegated specifically new text beginto the guardian
or conservator
new text endby court order deleted text beginto the guardian or conservatordeleted text end;

(5) guardianship or conservatorship services individually suited to the deleted text beginward's or protected
person's
deleted text end conditions and needsnew text begin of the person subject to guardianship or the person subject
to conservatorship
new text end;

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

(7) care, comfort, social and recreational needs, new text beginemployment and employment supports,
new text end 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 deleted text beginward's or protected person'sdeleted text end clothing, furniture, vehicles, and other
personal new text beginproperty and new text endeffectsnew text begin of the person subject to guardianship or person subject to
conservatorship
new text end, 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) deleted text begincommunication and visitation with persons of the ward's or protected person's
choice, provided that if the guardian has found that certain communication or visitation may
result in harm to the ward's or protected person's health, safety, or well-being, that
communication or visitation may be restricted but only to the extent necessary to prevent
the harm
deleted text endnew text begin 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
new text end;

(11) marry and procreate, unless court approval is requireddeleted text begin, and to consentdeleted text endnew text begin;
new text end

new text begin (12) electnew text end or object to sterilization as provided in section 524.5-313, paragraph (c), clause
(4), item (iv);

deleted text begin (12)deleted text endnew text begin (13) at any time,new text end petition the court for termination or modification of the guardianship
or conservatorshipnew text begin, and any decisions made by the guardian or conservator in relation to
powers granted,
new text end or for other appropriate relief;

deleted text begin (13)deleted text endnew text begin (14)new text end be represented by an attorney in any proceeding or for the purpose of petitioning
the court;

deleted text begin (14)deleted text endnew text begin (15)new text end vote, unless restricted by the court; deleted text beginand
deleted text end

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

deleted text begin (15)deleted text endnew text begin (17)new text end 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).

Sec. 14.

new text begin [524.5-121] BILL OF PARTICULARS.
new text end

new text begin (a) When a bill of particulars is required to be filed under this chapter, it shall be filed
pursuant to a form approved by the court. In the absence of a court form, a bill of particulars
shall specify the confidential or nonpublic information within the text of the form or as an
appendix to the form, including a reference to where the information is located in the
pleadings, captioned consistent with the current proceedings, and identification of the bill
of particulars as a confidential document. A bill of particulars must be filed consistent with
all applicable court rules for submitting confidential or nonpublic documents, including
Rule 11 of the Minnesota Rules of General Practice and the Rules of Public Access to
Records of the Judicial Branch.
new text end

new text begin (b) Notwithstanding any provision of this article or of any other law to the contrary, a
bill of particulars filed pursuant to this chapter shall be served upon:
new text end

new text begin (1) the respondent or the respondent's attorneys;
new text end

new text begin (2) the person subject to guardianship or their attorneys;
new text end

new text begin (3) the person subject to conservatorship or their attorneys; and
new text end

new text begin (4) interested persons or their attorneys who file objections in a guardianship or
conservatorship or protective proceeding or object to a particular account, report or pleading
filed with a bill of particulars.
new text end

new text begin (c) Notwithstanding any provision of this article or of any other law to the contrary, a
bill of particulars filed pursuant to this chapter shall be served upon or otherwise provided
to:
new text end

new text begin (1) any person upon consent of: the respondent or the respondent's attorneys, the person
subject to guardianship or the person's attorneys, the person subject to conservatorship or
the person's attorneys, the respondent's guardian or conservator, or the guardian or
conservator's attorneys; and
new text end

new text begin (2) other persons by order of the court for good cause shown.
new text end

new text begin (d) Any person served or provided with a bill of particulars may only disclose the
information within it to those authorized to receive the information as provided for in this
section. This limitation of disclosure shall be stated in the bill of particulars.
new text end

new text begin (e) A filing of a bill of particulars consistent with this chapter is not a violation of the
Minnesota Health Records Act or section 144.293.
new text end

Sec. 15.

Minnesota Statutes 2018, section 524.5-205, is amended to read:


524.5-205 JUDICIAL APPOINTMENT OF GUARDIAN: PROCEDURE.

(a) A person interested in the welfare of a minor may petition for appointment of a
guardian.

(b) After a petition is filed, the court shall set a date for hearing, and the petitioner shall
give notice of the time and place for hearing the petition, together with a copy of the petition,
to:

(1) the minor, if the minor has attained 14 years of age and is not the petitioner;

(2) any person alleged to have had the primary care and custody of the minor during the
60 days before the filing of the petition;

(3) each living parent of the minor or, if there is none, the adult nearest in kinship that
can be found;

(4) any person nominated as guardian by the minor if the minor has attained 14 years
of age;

(5) any appointee of a parent whose appointment has not been prevented or terminated
under section 524.5-203; and

(6) any guardian or conservator currently acting for the minor in this state or elsewhere.

new text begin (c) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end The court, upon hearing, shall make the appointment if it finds that a qualified
person seeks appointment, venue is proper, the required notices have been given, the
conditions of section 524.5-204, paragraph (a), have been met, and the best interest of the
minor will be served by the appointment. In other cases, the court may dismiss the proceeding
or make any other disposition of the matter that will serve the best interest of the minor.

deleted text begin (d)deleted text endnew text begin (e)new text end If the court determines at any stage of the proceeding, before or after appointment,
that the interests of the minor are or may be inadequately represented, it may appoint a
lawyer to represent the minor, giving consideration to the choice of the minor if the minor
has attained 14 years of age, provided that such appointment shall expire upon the expiration
of the appeal time for the order appointing guardian or the order dismissing a petition or
upon such other time or event as the court may direct.

deleted text begin (e)deleted text endnew text begin (f)new text end Within 14 days after an appointment, a guardian shall send or deliver to the minor
deleted text begin warddeleted text endnew text begin person subject to guardianshipnew text end, and counsel if represented at the hearing, a copy of
the order of appointment accompanied by a notice which advises the minor deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end of the right to appeal the guardianship appointment in the time and
manner provided by the Rules of Appellate Procedure.

Sec. 16.

Minnesota Statutes 2018, section 524.5-211, is amended to read:


524.5-211 DELEGATION OF POWER BY PARENT OR GUARDIAN.

(a) A parent, legal custodian, or new text beginnonprofessional new text endguardian of a minor or incapacitated
person, by a properly executed power of attorney, may delegate to another person, for a
period not exceeding one year, any powers regarding care, custody, or property of the minor
or deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end, except the power to consent to marriage or adoption
of a minor deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end.

new text begin (b) A professional guardian of a minor or incapacitated person, by a properly executed
power of attorney, may delegate to another person, for a period not exceeding 30 days, any
powers regarding care, custody, or property of the minor or person subject to guardianship,
except the power to consent to marriage or adoption of a minor person subject to
guardianship. A professional guardian delegating parental rights under this paragraph must
submit the power of attorney to the court.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end A parent who executes a delegation of powers under this section must mail or
give a copy of the document to any other parent within 30 days of its execution unless:

(1) the other parent does not have parenting time or has supervised parenting time; or

(2) there is an existing order for protection under chapter 518B or a similar law of another
state in effect against the other parent to protect the parent, legal custodian, or guardian
executing the delegation of powers or the child.

deleted text begin (c)deleted text endnew text begin (d)new text end A parent, legal custodian, or guardian of a minor child may also delegate those
powers by designating a standby or temporary custodian under chapter 257B.

Sec. 17.

Minnesota Statutes 2018, section 524.5-303, is amended to read:


524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.

(a) An individual or a person interested in the individual's welfare may petition for a
determination of incapacity, in whole or in part, and for the appointment of a new text beginguardian,
new text end limited or unlimited deleted text beginguardiandeleted text endnew text begin in duration or power,new text end for the individual.

(b) The petition must set forth the petitioner's name, residence, current address deleted text beginif differentdeleted text end,
relationship to the respondent, and interest in the appointment and, to the extent known,
state or contain the following with respect to the respondent and the relief requested:

(1) the respondent's name, age, principal residence, current street address, and, if different,
the address of the dwelling in which it is proposed that the respondent will reside if the
appointment is made;

(2) the name and address of the respondent's:

(i) spouse, or if the respondent has none, an adult with whom the respondent has resided
for more than six months before the filing of the petition; and

(ii) adult children new text beginincluding adult step-children of a living spouse new text endor, if the respondent
has none, the respondent's parents and adult brothers and sisters, or if the respondent has
none, at least one of the adults nearest in kinship to the respondent who can be found;

(3) the name of the administrative head and address of the institution where the respondent
is a patient, resident, or client of any hospital, nursing home, home care agency, or other
institution;

(4) the name and addressnew text begin or post office boxnew text end of any legal representative for the respondent;

(5) the name, addressnew text begin or post office boxnew text end, and telephone number of any person nominated
as guardian by the respondent in any manner permitted by law, including a health care agent
nominated in a health care directive;

(6) the name, address, and telephone number of any proposed guardian and the reason
why the proposed guardian should be selected;

(7) the name and address of any 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;

(8) the reason why guardianship is necessary, including a brief description of the nature
and extent of the respondent's alleged incapacity;

new text begin (9) what less restrictive means have been attempted and considered, how long such less
restrictive means have been attempted, and a description of why such less restrictive means
are not sufficient to meet the respondent's identified needs;
new text end

deleted text begin (9)deleted text endnew text begin (10)new text end if an unlimited guardianship is requested, the reason why limited guardianship
is inappropriate and, if a limited guardianship is requested, the powers to be granted to the
limited guardian; and

deleted text begin (10)deleted text endnew text begin (11)new text end a general statement of the respondent's property with an estimate of its value,
including any insurance or pension, and the source and amount of any other anticipated
income or receipts.

(c) The petition must also set forth the following information regarding the proposed
guardian or any employee of the guardian responsible for exercising powers and duties
under the guardianship:

(1) whether the proposed guardian has ever been removed for cause from serving as a
guardian or conservator and, if so, the case number and court location;

(2) if the proposed guardian is a professional guardian or conservator, a summary of the
proposed guardian's educational background and relevant work and other experience;

(3) whether the proposed guardian has ever applied for or held, at any time, any
professional license from an agency listed under section 524.5-118, subdivision 2a, and if
so, the name of the licensing agency, and as applicable, the license number and status;
whether the license is active or has been denied, conditioned, suspended, revoked, or
canceled; and the basis for the denial, condition, suspension, revocation, or cancellation of
the license;

(4) whether the proposed guardian has ever been found civilly liable in an action that
involved fraud, misrepresentation, material omission, misappropriation, theft, or conversion,
and if so, the case number and court location;

(5) whether the proposed guardian has deleted text begineverdeleted text end filed for or received protection under the
bankruptcy lawsnew text begin in the last five yearsnew text end, and if so, the case number and court location;

(6) whether the proposed guardian has any outstanding civil monetary judgments against
the proposed guardian, and if so, the case number, court location, and outstanding amount
owed;

(7) whether an order for protection or harassment restraining order has ever been issued
against the proposed guardian, and if so, the case number and court location; deleted text beginand
deleted text end

(8) whether the proposed guardian has ever been convicted of a deleted text begincrime other than a petty
misdemeanor or traffic offense
deleted text endnew text begin gross misdemeanor or felonynew text end, and if so, the case number
and the crime of which the guardian was convicteddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) if the proposed guardian is a professional, the proposed guardian's current customary
rates, and if the proposed guardian is not a professional, the proposed guardian's current
anticipated rates.
new text end

new text begin (d) Any documents or information disclosing or pertaining to paragraph (b), clauses (7)
to (11), or health or financial information shall be filed as confidential documents, consistent
with the bill of particulars under section 524.5-121.
new text end

Sec. 18.

Minnesota Statutes 2018, section 524.5-304, is amended to read:


524.5-304 JUDICIAL APPOINTMENT OF GUARDIAN: PRELIMINARIES TO
HEARING.

(a) Upon receipt of a petition to establish a guardianship, the court shall set a date and
time for hearing the petition and may appoint a visitor. The duties and reporting requirements
of the visitor are limited to the relief requested in the petition.

(b) A proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end has the right to be represented by
counsel at any proceeding under this article. The court shall appoint counsel to represent
the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end for the initial proceeding held pursuant
to section 524.5-307 if neither the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end nor others
provide counsel unless in a meeting with a visitor the proposed deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end makes an informed decision in writing to specifically waive the right to counsel.
Before appointment, and at any time during the course of the representation when a risk of
a conflict of interest may arise, the proposed or appointed counsel shall disclose to the court,
the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end,
and interested persons whether there are concurrent proceedings in which the counsel is the
attorney for the proposed guardian or guardian and whether there is a risk of a conflict of
interest under Rule 1.7 of the Rules of Professional Conduct so that the representation of
the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end
will be materially limited by counsel's concurrent responsibilities to the proposed guardian
or guardian. If there is a risk of a conflict of interest, the counsel must not be appointed or
new counsel must be appointed, unless:

(1) the court determines that the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or deleted text beginwarddeleted text endnew text begin
person subject to guardianship
new text end is able to give informed consent to the representation and,
if the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end
consents, the consent is confirmed in writing pursuant to Rule 1.7; or

(2) the court determines that there is not a risk of a conflict of interest under Rule 1.7
requiring the appointment of different counsel.

(c) Counsel must be appointed immediately after any petition under this article is served
under section 524.5-308. Counsel has the full right of subpoena. In all proceedings under
this article, counsel shall:

(1) consult with the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end 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 524.5-307,
provided that such appointment shall expire upon the expiration of the appeal time for the
order appointing guardian or the order dismissing a petition, or upon such other time or
event as the court may direct.

The court need not appoint counsel to represent the proposed deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end on a voluntary petition, and the court may remove a court-appointed attorney
at any time if the court finds that the proposed deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end has
made a knowing and intelligent waiver of the right to counsel or has obtained private counsel.

(d) The visitor shall personally serve the notice and petition upon the respondent and
shall offer to read the notice and petition to the respondent, and if so requested the visitor
shall read the notice and petition to such person. The visitor shall also interview the
respondent in person, and to the extent that the respondent is able to understand:

(1) explain to the respondent the substance of the petition; the nature, purpose, and effect
of the proceeding; the respondent's rights at the hearing; and the general powers and duties
of a guardian;

(2) determine the respondent's views about the proposed guardian, the proposed guardian's
powers and duties, and the scope and duration of the proposed guardianship;

(3) inform the respondent of the right to employ and consult with a lawyer at the
respondent's own expense and the right to request a court-appointed lawyer; and

(4) inform the respondent that all costs and expenses of the proceeding, including
respondent's attorneys fees, will be paid from the respondent's estate.

(e) In addition to the duties in paragraph (d), the visitor shall make any other investigation
the court directs.

(f) The visitor shall promptly filenew text begin, as a confidential document consistent with the bill of
particulars under section 524.5-121,
new text end a report in writing with the court, which must include:

(1) recommendations regarding the appropriateness of guardianship, including whether
less restrictive means of intervention are available, the type of guardianship, and, if a limited
guardianship, the powers to be granted to the limited guardian;

(2) a statement as to whether the respondent approves or disapproves of the proposed
guardian, and the powers and duties proposed or the scope of the guardianship; and

(3) any other matters the court directs.

(g) The county social service agency may create a screening committee to review a
petition involving an indigent person. The screening committee must consist of individuals
selected by the agency with knowledge of alternatives that are less restrictive than
guardianship. If the agency has created a screening committee, the court shall make its
decision after the screening committee has reviewed the petition. For an indigent person,
the court may appoint a guardian under contract with the county to provide these services.

Sec. 19.

Minnesota Statutes 2018, section 524.5-307, is amended to read:


524.5-307 deleted text beginJUDICIAL APPOINTMENT OFdeleted text end GUARDIANnew text begin PROCEEDINGSnew text end;
PRESENCE AND RIGHTS AT HEARING.

(a) Unless excused by the court for good cause, the petitioner and the proposed guardian
shall attend the hearing. The respondent shall attend and participate in the hearing, unless
excused by the court for good cause. The petitioner and respondent may present evidence
and subpoena witnesses and documents; examine witnesses, including the visitor; and
otherwise participate in the hearing. The hearing may be held in a location convenient to
the respondent and may be closed upon the request of the respondent and a showing of good
cause.

(b) Any person may request permission to participate in the proceeding. The court may
grant the request, with or without hearing, upon a showing of good cause and after
determining that the best interest of the respondent will be served. The court may attach
appropriate conditions to the participation.

new text begin (c) A respondent to any guardianship petition and any person subject to guardianship in
any other guardianship proceeding has not placed his or her health, physical, or mental
condition in controversy. Any denials, allegations or affirmative assertions by the respondent
or person subject to guardianship regarding capacity do not place these matters in controversy.
new text end

Sec. 20.

Minnesota Statutes 2018, section 524.5-310, is amended to read:


524.5-310 FINDINGS; ORDER OF APPOINTMENT.

(a) The court may appoint a new text beginguardian, new text endlimited or unlimited deleted text beginguardiandeleted text endnew text begin in duration or power,new text end
for a respondent only if it finds by clear and convincing evidence that:

(1) the respondent is an incapacitated person; and

(2) the respondent's identified needs cannot be met by less restrictive means, including
new text begin but not limited to new text enduse of appropriate technological assistancenew text begin, supported decision making,
community or residential services, or appointment of a health care agent under section
145C.01, subdivision 2. The court must make specific findings particular to the respondent
why less restrictive alternatives do not work
new text end.

(b) Alternatively, the court, with appropriate findings, may treat the petition as one for
a protective order under section 524.5-401, enter any other appropriate order, or dismiss
the proceeding.

(c) The court shall grant to a guardian only those powers necessitated by the deleted text beginward'sdeleted text end
limitations and demonstrated needsnew text begin of the person subject to guardianshipnew text end and, whenever
feasible, make appointive and other orders that will encourage the development of the deleted text beginward'sdeleted text end
maximum self-reliance and independencenew text begin of the person subject to guardianshipnew text end. Any power
not specifically granted to the guardian, following a written finding by the court of a
demonstrated need for that power, is retained by the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end.

new text begin (d) The court may limit the duration of any guardianship. However, if the person subject
to guardianship is under the age of 30 years old on the date the court files an order appointing
a guardian, the guardianship must be of a limited duration determined by the court, not
exceeding a period over 72 months.
new text end

new text begin (e) Notwithstanding paragraph (d), a petition for guardianship for an indefinite period
of time may be filed for any person who is 29 years or older and is currently subject to a
guardianship of limited duration.
new text end

deleted text begin (d)deleted text endnew text begin (f)new text end If the court grants the guardian any of the powers or duties under section 524.5-313,
paragraph (c), clause (1), (2), or (4), the authority of a previously appointed health care
agent to make health care decisions, as defined in section 145C.01, subdivision 5, is
suspended until further order of the court or as otherwise provided by this section. The court
may declare a health care directive unenforceable as provided in section 145C.09, subdivision
3
. The court may declare that a health care directive has been revoked by the deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end if the court finds, by clear and convincing evidence, that the deleted text beginwarddeleted text endnew text begin
person subject to guardianship
new text end has revoked the health care directive as provided in section
145C.09, subdivision 1.

deleted text begin (e)deleted text endnew text begin (g)new text end A health care agent or other person legally appointed by the deleted text beginwarddeleted text endnew text begin person subject
to guardianship
new text end to control final disposition of the deleted text beginward'sdeleted text end remainsnew text begin of the person subject to
guardianship
new text end under section 145C.05, subdivision 2, clause (7), or 149A.80, or a health care
agent authorized to make organ or tissue donations under section 525A.04 or 525A.09, may
make health care decisions as defined in section 145C.01, subdivision 5, on behalf of the
deleted text begin warddeleted text endnew text begin person subject to guardianshipnew text end for the purpose of preparing the deleted text beginward'sdeleted text end bodynew text begin of the
person subject to guardianship
new text end for organ or tissue donation or final disposition of the deleted text beginward'sdeleted text end
remainsnew text begin of the person subject to guardianshipnew text end, as applicable.

deleted text begin (f)deleted text endnew text begin (h)new text end Within 14 days after an appointment, a guardian shall send or deliver to the deleted text beginwarddeleted text endnew text begin
person subject to guardianship
new text end, and counsel if represented at the hearing, a copy of the order
of appointment accompanied by a notice which advises the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end of the right to appeal the guardianship appointment in the time and manner
provided by the Rules of Appellate Procedure.

deleted text begin (g)deleted text endnew text begin (i)new text end Each year, within 30 days after the anniversary date of an appointment, a guardian
shall send or deliver to the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end and to interested persons
of record with the court new text begin(1) new text enda notice of the right to request termination or modification of
the guardianship or to request an order that is in the best interests of the deleted text beginwarddeleted text endnew text begin person subject
to guardianship
new text end or for other appropriate relief, deleted text beginanddeleted text endnew text begin (2)new text end notice of the status of the deleted text beginward'sdeleted text end right
to votenew text begin of the person subject to guardianship, and (3) a copy of the bill of rights for persons
subject to guardianship as provided in section 524.5-120
new text end.

Sec. 21.

Minnesota Statutes 2018, section 524.5-311, is amended to read:


524.5-311 EMERGENCY GUARDIAN.

(a) If the court finds that compliance with the procedures of this article will likely result
in substantial harm to the respondent's health, safety, or welfare, and that no other person
appears to have authority and willingness to act in the circumstances, the court, on petition
by a person interested in the respondent's welfare, may appoint an emergency guardian
whose authority may not exceed 60 days and who may exercise only the powers specified
in the order. A county that is acting under section 626.557, subdivision 10, by petitioning
for appointment of an emergency guardian on behalf of a vulnerable adult may be granted
authority to act for a period not to exceed 90 days. new text beginAn emergency guardian's appointment
under this section may only be extended once for a period not to exceed 60 days if the court
finds good cause for the continuation of the guardianship.
new text endImmediately upon receipt of the
petition for an emergency guardianship, the court shall appoint a lawyer to represent the
respondent in the proceeding. Except as otherwise provided in paragraph (b), reasonable
notice of the time and place of a hearing on the petition must be given to the respondent
and any other persons as the court directs.

(b) An emergency guardian may be appointed without notice to the respondent and the
respondent's lawyer only if the court finds from affidavit or other sworn testimony that the
respondent will be substantially harmed before a hearing on the appointment can be held.
If the court appoints an emergency guardian without notice to the respondent, the respondent
must be given notice of the appointment within 48 hours after the appointment. The court
shall hold a hearing on the appropriateness of the appointment within five days after the
appointment.

(c) Appointment of an emergency guardian, with or without notice, is not a determination
of the respondent's incapacity.

(d) The court may remove an emergency guardian at any time. An emergency guardian
shall make any report the court requires. In other respects, the provisions of this article
concerning guardians apply to an emergency guardian.

new text begin (e) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

Sec. 22.

Minnesota Statutes 2018, section 524.5-313, is amended to read:


524.5-313 POWERS AND DUTIES OF GUARDIAN.

(a) A guardian shall be subject to the control and direction of the court at all times and
in all things.

(b) The court shall grant to a guardian only those powers necessary to provide for the
demonstrated needs of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end.

(c) The court may appoint a guardian if it determines that all the powers and duties listed
in this section are needed to provide for the needs of the incapacitated person. The court
may also appoint a guardian if it determines that a guardian 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 section. The duties and powers of a guardian or those which the
court may grant to a guardian include, but are not limited to:

(1) the power to have custody of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end and the power
to establish a place of abode within or outside the state, except as otherwise provided in this
clause. The deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or any interested person may petition the
court to prevent or to initiate a change in abode. A deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end may
not be admitted to a regional treatment center by the guardian except:

(i) after a hearing under chapter 253B;

(ii) for outpatient services; or

(iii) 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 deleted text beginward'sdeleted text end care, comfort, and maintenance needsnew text begin of the person
subject to guardianship
new text end, including food, clothing, shelter, health care, social and recreational
requirements, and, whenever appropriate, training, education, and habilitation or
rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.
Whenever possible and appropriate, the guardian should meet these requirements through
governmental benefits or services to which the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end is
entitled, rather than from the deleted text beginward'sdeleted text end estatenew text begin of the person subject to guardianshipnew text end. Failure to
satisfy the needs and requirements of this clause shall be grounds for removal of a private
guardian, but the guardian shall have no personal or monetary liability;

(3) the duty to take reasonable care of the deleted text beginward'sdeleted text end clothing, furniture, vehicles, and other
personal effectsnew text begin of the person subject to guardianshipnew text end, and, if other property requires
protection, the power to seek appointment of a conservator of the estate. The guardian must
give notice by mail to interested persons prior to the disposition of the deleted text beginward'sdeleted text end clothing,
furniture, vehicles, or other personal effectsnew text begin of the person subject to guardianshipnew text end. The notice
must inform the person of the right to object to the disposition of the property within ten
days of the date of mailing and to petition the court for a review of the guardian's proposed
actions. Notice of the objection must be served by mail or personal service on the guardian
and the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end unless the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end
is the objector. The guardian 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)(i) the power to give any necessary consent to enable the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end to receive necessary medical or other professional care, counsel, treatment,
or service, except that no guardian 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 shall not consent to any medical
care for the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end which violates the known conscientious,
religious, or moral belief of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end;

(ii) a guardian who believes a procedure described in item (i) requiring prior court
approval to be necessary for the proper care of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end,
shall petition the court for an order and, in the case of a public guardianship 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 deleted text beginwarddeleted text endnew text begin person subject
to guardianship
new text end in such manner as specified in section 524.5-308 and to interested persons.
The court shall appoint an attorney to represent the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end
who is not represented by counsel, provided that such appointment shall expire upon the
expiration of the appeal time for the order issued by the court under this section or the order
dismissing a petition, or upon such other time or event as the court may direct. In every
case the court shall determine if the procedure is in the best interest of the deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end. 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 interest
of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end, and any recommendation of the commissioner
of human services for a public deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end. The standard of proof
is that of clear and convincing evidence;

(iii) in the case of a petition for sterilization of a deleted text begindevelopmentally disabled warddeleted text endnew text begin person
with developmental disabilities subject to guardianship
new text end, the court shall appoint a licensed
physician, a psychologist who is qualified in the diagnosis and treatment of developmental
disability, and a social worker who is familiar with the deleted text beginward'sdeleted text end social history and adjustmentnew text begin
of the person subject to guardianship
new text end or the case manager for the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end to examine or evaluate the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end 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 interest of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end.
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 interest of the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end;

(iv) any deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end whose right to consent to a sterilization
has not been restricted under this section or section 252A.101 may be sterilized only if the
deleted text begin warddeleted text endnew text begin person subject to guardianshipnew text end consents in writing or there is a sworn acknowledgment
by an interested person of a nonwritten consent by the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end.
The consent must certify that the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end has received a full
explanation from a physician or registered nurse of the nature and irreversible consequences
of the sterilization;

(v) a guardian 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 the public guardian's designee has consented;

(5) in the event there is no duly appointed conservator of the deleted text beginward'sdeleted text end estatenew text begin of the person
subject to guardianship
new text end, the guardian shall have the power to approve or withhold approval
of any contract, except for necessities, which the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end may
make or wish to make;

(6) the duty and power to exercise supervisory authority over the deleted text beginwarddeleted text endnew text begin person subject
to guardianship
new text end in a manner which limits civil rights and restricts personal freedom only to
the extent necessary to provide needed care and servicesnew text begin. A guardian may not restrict the
ability of the person subject to guardianship to 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 such 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
new text end;

(7) if there is no acting conservator of the estate for the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end, the guardian has the power to apply on behalf of the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end for any assistance, services, or benefits available to the deleted text beginwarddeleted text endnew text begin person subject
to guardianship
new text end through any unit of government;

(8) unless otherwise ordered by the court, the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end retains
the right to votedeleted text begin.deleted text endnew text begin;
new text end

new text begin (9) the power to establish an ABLE account for a person subject to guardianship or
conservatorship. By this provision a guardian only has the authority to establish an ABLE
account, but may not administer the ABLE account in the guardian's capacity as guardian;
and
new text end

new text begin (10) if there is no conservator appointed for the person subject to guardianship, the
guardian has the duty and power to institute suit on behalf of the person subject to
guardianship and represent the person subject to guardianship in expungement proceedings,
harassment proceedings, and all civil court proceedings, including but not limited to
restraining orders, orders for protection, name changes, conciliation court, housing court,
family court, probate court, and juvenile court, provided that a guardian may not settle or
compromise any claim or debt owed to the estate without court approval.
new text end

Sec. 23.

Minnesota Statutes 2018, section 524.5-316, is amended to read:


524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT ORDERS.

(a) A guardian shall report to the court in writing on the condition of the deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end at least annually and whenever ordered by the court. A copy of the
report must be provided to the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end and to interested persons
of record with the court. A report must state or contain:

(1) the current mental, physical, and social condition of the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end;

(2) the living arrangements for all addresses of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end
during the reporting period;

(3) any restrictions placed on the deleted text beginward'sdeleted text end rightnew text begin of the person subject to guardianshipnew text end to
deleted text begin communication and visitation with persons of the ward's choicedeleted text endnew text begin 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,
new text end and the factual bases for those restrictions;

(4) the medical, educational, vocational, and other services provided to the deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end and the guardian's opinion as to the adequacy of the deleted text beginward'sdeleted text end carenew text begin of
the person subject to guardianship
new text end;

(5) a recommendation as to the need for continued guardianship and any recommended
changes in the scope of the guardianship;

(6) an address new text beginor post office box new text endand new text begina new text endtelephone number where the guardian can be
contacted; and

(7) if applicable, the amount of deleted text beginreimbursementdeleted text endnew text begin payment received as guardiannew text end for services
rendered to the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end that the guardian received during the
previous year that were not deleted text beginreimburseddeleted text endnew text begin paidnew text end by county contractnew text begin, and the guardian's current
rates
new text end.

(b) A guardian shall report to the court in writing within 30 days of the occurrence of
any of the events listed in this paragraph. The guardian must report any of the occurrences
in this paragraph and follow the same reporting requirements in this paragraph for any
employee of the guardian responsible for exercising powers and duties under the
guardianship. A copy of the report must be provided to the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end and to interested persons of record with the court. A guardian shall report
when:

(1) the guardian is removed for cause from serving as a guardian or conservator, and if
so, the case number and court location;

(2) the guardian has a professional license from an agency listed under section 524.5-118,
subdivision 2a
, denied, conditioned, suspended, revoked, or canceled, and if so, the licensing
agency and license number, and the basis for denial, condition, suspension, revocation, or
cancellation of the license;

(3) the guardian is found civilly liable in an action that involves fraud, misrepresentation,
material omission, misappropriation, theft, or conversion, and if so, the case number and
court location;

(4) the guardian files for or receives protection under the bankruptcy laws, and if so, the
case number and court location;

(5) a civil monetary judgment is entered against the guardian, and if so, the case number,
court location, and outstanding amount owed;

(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic offense,
and if so, the case number and court location; or

(7) an order for protection or harassment restraining order is issued against the guardian,
and if so, the case number and court location.

(c) A deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or interested person of record with the court
may submit to the court a written statement disputing statements or conclusions regarding
the condition of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or addressing any disciplinary or
legal action that is contained in the guardian's reports and may petition the court for an order
that is in the best interests of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or for other appropriate
relief.

new text begin (d) Unless communication is prohibited by court order, a guardian shall communicate
to all known interested persons as defined by section 524.5-102, subdivision 7, clauses (iii),
(iv), (v), (vi), (ix), and (xi):
new text end

new text begin (1) within one day of awareness of:
new text end

new text begin (i) a significant or unexpected change in health or medical condition requiring physician
treatment or hospitalization of the person subject to guardianship;
new text end

new text begin (ii) a significant situation that requires action by ambulance, law enforcement, or fire
department for the person subject to guardianship; or
new text end

new text begin (iii) the death of the person subject to guardianship, provided that the court shall also
be notified of the death of the person subject to guardianship; and
new text end

new text begin (2) at least 14 days in advance of a permanent change in the primary dwelling of the
person subject to guardianship or a permanent move to a nursing home, mental health
facility, or other facility unless the move was by prior order of the court. Prior notice is not
necessary for any change of primary dwelling due to accident, injury, illness, or other
involuntary actions of the person subject to guardianship or guardian, but notice shall be
provided to interested persons defined by section 524.5-102, subdivision 7, clauses (iii),
(iv), (v), (vi), (ix), and (xi), within seven days of such a move caused by involuntary actions
of the person subject to guardianship or guardian.
new text end

deleted text begin (d)deleted text endnew text begin (e)new text end An interested person may notify the court in writing that the interested person
does not wish to receive copies of reports required under this section.

deleted text begin (e)deleted text endnew text begin (f)new text end The court may appoint a visitor to review a report, interview the deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end or guardian, and make any other investigation the court directs.

deleted text begin (f)deleted text endnew text begin (g)new text end The court shall establish a system for monitoring guardianships, including the
filing and review of annual reports. If an annual report is not filed within 60 days of the
required date, the court shall issue an order to show cause.

deleted text begin (g)deleted text endnew text begin (h)new text end If a guardian fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.

new text begin (i) Any documents or information disclosing or pertaining to health information in the
guardian's annual report shall be filed as confidential documents, consistent with the bill of
particulars under section 524.5-121.
new text end

Sec. 24.

Minnesota Statutes 2018, section 524.5-317, is amended to read:


524.5-317 TERMINATION OR MODIFICATION OF GUARDIANSHIP; COURT
ORDERS.

(a) A guardianship terminates upon the death of the deleted text beginwarddeleted text endnew text begin person subject to guardianship,
upon the expiration of the duration of guardianship established in the order appointing the
guardian,
new text end or upon order of the court.

(b) On petition of any person interested in the deleted text beginward'sdeleted text end welfarenew text begin of the person subject to
guardianship
new text end the court may terminate a guardianship if the deleted text beginwarddeleted text endnew text begin person subject to
guardianship
new text end no longer needs the assistance or protection of a guardian. The court may
modify the type of appointment or powers granted to the guardian if the extent of protection
or assistance previously granted is currently excessive or insufficient or the deleted text beginward'sdeleted text end capacitynew text begin
of the person subject to guardianship
new text end to provide for support, care, education, health, and
welfare has so changed as to warrant that action. The court may make any other order that
is in the best interests of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end or may grant other
appropriate relief.

(c) Except as otherwise ordered by the court for good cause, the court, before terminating
a guardianship, shall follow the same procedures to safeguard the rights of the deleted text beginwarddeleted text endnew text begin person
subject to guardianship
new text end as apply to a petition for guardianship. Upon presentation by the
petitioner of evidence establishing a prima facie case for termination, the court shall order
the termination and discharge the guardian unless it is proven that continuation of the
guardianship is in the best interest of the deleted text beginwarddeleted text endnew text begin person subject to guardianshipnew text end.

new text begin (d) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

new text begin (e) A guardian has the right to petition the court for discharge from the guardianship.
new text end

Sec. 25.

Minnesota Statutes 2018, section 524.5-403, is amended to read:


524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
ORDER.

(a) The following may petition for the appointment of a conservator or for any other
appropriate protective order:

(1) the person to be protected;

(2) an individual interested in the estate, affairs, or welfare of the person to be protected;
or

(3) a person who would be adversely affected by lack of effective management of the
property and business affairs of the person to be protected.

(b) The petition must set forth the petitioner's name, residence, current address if different,
relationship to the respondent, and interest in the appointment or other protective order,
and, to the extent known, state or contain the following with respect to the respondent and
the relief requested:

(1) the respondent's name, age, principal residence, current street address, and, if different,
the address of the dwelling where it is proposed that the respondent will reside if the
appointment is made;

(2) if the petition alleges impairment in the respondent's ability to receive and evaluate
information, a brief description of the nature and extent of the respondent's alleged
impairment;

(3) if the petition alleges that the respondent is missing, detained, or unable to return to
the United States, a statement of the relevant circumstances, including the time and nature
of the disappearance or detention and a description of any search or inquiry concerning the
respondent's whereabouts;

(4) the name and address of the respondent's:

(i) spouse, or if the respondent has none, an adult with whom the respondent has resided
for more than six months before the filing of the petition; and

(ii) adult children new text beginincluding adult step-children of a living spouse new text endor, if the respondent
has none, the respondent's parents and adult brothers and sisters or, if the respondent has
none, at least one of the adults nearest in kinship to the respondent who can be found;

(5) the name of the administrative head and address of the institution where the respondent
is a patient, resident, or client of any hospital, nursing home, home care agency, or other
institution;

(6) the name and address of any legal representative for the respondent;

(7) the name and address of any 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;

(8) a general statement of the respondent's property with an estimate of its value, including
any insurance or pension, and the source and amount of other anticipated income or receipts;
and

(9) the reason why a conservatorship or other protective order is in the best interest of
the respondentdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) what less restrictive means have been attempted and considered, how long such
less restrictive means have been attempted, and a description of why such less restrictive
means are not sufficient to meet the respondent's identified needs.
new text end

(c) If a conservatorship is requested, the petition must also set forth to the extent known:

(1) the name, addressnew text begin or post office boxnew text end, and telephone number of any proposed
conservator and the reason why the proposed conservator should be selected;

(2) the name, addressnew text begin or post office boxnew text end, and telephone number of any person nominated
as conservator by the respondent if the respondent has attained 14 years of age; and

(3) the type of conservatorship requested and, if an unlimited conservatorship, the reason
why limited conservatorship is inappropriate or, if a limited conservatorship, the property
to be placed under the conservator's control and any limitation on the conservator's powers
and duties.

(d) The petition must also set forth the following information regarding the proposed
conservator or any employee of the conservator responsible for exercising powers and duties
under the conservatorship:

(1) whether the proposed conservator has ever been removed for cause from serving as
a guardian or conservator and, if so, the case number and court location;

(2) if the proposed conservator is a professional guardian or conservator, a summary of
the proposed conservator's educational background and relevant work and other experience;

(3) whether the proposed conservator has ever applied for or held, at any time, any
professional license from an agency listed under section 524.5-118, subdivision 2a, and if
so, the name of the licensing agency, and as applicable, the license number and status;
whether the license is active or has been denied, conditioned, suspended, revoked, or
canceled; and the basis for the denial, condition, suspension, revocation, or cancellation of
the license;

(4) whether the proposed conservator has ever been found civilly liable in an action that
involved fraud, misrepresentation, material omission, misappropriation, theft, or conversion,
and if so, the case number and court location;

(5) whether the proposed conservator has deleted text begineverdeleted text end filed for or received protection under the
bankruptcy lawsnew text begin in the last five yearsnew text end, and if so, the case number and court location;

(6) whether the proposed conservator has any outstanding civil monetary judgments
against the proposed conservator, and if so, the case number, court location, and outstanding
amount owed;

(7) whether an order for protection or harassment restraining order has ever been issued
against the proposed conservator, and if so, the case number and court location; deleted text beginand
deleted text end

(8) whether the proposed conservator has ever been convicted of a crime other than a
petty misdemeanor or traffic offense, and if so, the case number and the crime of which the
conservator was convicteddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (9) if the proposed conservator is a professional, the proposed conservator's current
customary rates, and if the proposed conservator is not a professional, the proposed
conservator's current anticipated rates.
new text end

new text begin (e) Any documents or information disclosing or pertaining to the following information
shall be filed as confidential documents, consistent with the bill of particulars under section
524.5-121:
new text end

new text begin (1) health or financial information;
new text end

new text begin (2) information submitted pursuant to paragraph (b), clause (2);
new text end

new text begin (3) information submitted pursuant to paragraph (b), clauses (7) to (10); or
new text end

new text begin (4) information submitted pursuant to paragraph (c), clause (3).
new text end

Sec. 26.

Minnesota Statutes 2018, section 524.5-406, is amended to read:


524.5-406 ORIGINAL PETITION: PERSONS UNDER DISABILITY;
PRELIMINARIES TO HEARING.

(a) Upon the filing of a petition for a conservatorship or other protective order for a
respondent for reasons other than being a minor, the court shall set a date for hearing and
the court may appoint a visitor. The duties and reporting requirements of the visitor are
limited to the relief requested in the petition.

(b) A respondent has the right to be represented by counsel at any proceeding under this
article. The court shall appoint counsel to represent the respondent for the initial proceeding
held pursuant to section 524.5-408 if neither the respondent nor others provide counsel,
unless in a meeting with a visitor, the proposed respondent makes an informed decision in
writing to specifically waive the right to counsel. Before appointment, and at any time during
the course of the representation when a risk of a conflict of interest may arise, the proposed
or appointed counsel shall disclose to the court, the proposed deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end or deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end, and interested persons
whether there are concurrent proceedings in which the counsel is the attorney for the proposed
conservator or conservator and whether there is a risk of a conflict of interest under Rule
1.7 of the Rules of Professional Conduct so that the representation of the proposed deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end or deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end will be
materially limited by counsel's concurrent responsibilities to the proposed conservator or
conservator. If there is a risk of a conflict of interest, the counsel must not be appointed,
unless:

(1) the court determines that the proposed deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end
or deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end is able to give informed consent to the
representation and, if the proposed deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end or deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end consents, the consent is confirmed in writing pursuant to
Rule 1.7; or

(2) the court determines that there is not a risk of a conflict of interest under Rule 1.7
requiring the appointment of different counsel.

(c) Counsel must be appointed immediately after any petition under this part is served
pursuant to section 524.5-404. Counsel has the full right of subpoena. In all proceedings
under this part, counsel shall:

(1) consult with the respondent before any hearing;

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

(3) continue to represent the respondent throughout any proceedings under section
524.5-408, provided that such appointment shall expire upon the expiration of the appeal
time for the order appointing conservator or the order dismissing a petition, or upon such
other time or event as the court may direct.

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

(d) The visitor shall personally serve the notice and petition upon the respondent and
shall offer to read the notice and petition to the respondent, and if so requested, the visitor
shall read the notice and petition to such person. The visitor shall also interview the
respondent in person, and to the extent that the respondent is able to understand:

(1) explain to the respondent the substance of the petition and the nature, purpose, and
effect of the proceeding;

(2) if the appointment of a conservator is requested, inform the respondent of the general
powers and duties of a conservator and determine the respondent's views regarding the
proposed conservator, the proposed conservator's powers and duties, and the scope and
duration of the proposed conservatorship;

(3) inform the respondent of the respondent's rights, including the right to employ and
consult with a lawyer at the respondent's own expense, and the right to request a
court-appointed lawyer; and

(4) inform the respondent that all costs and expenses of the proceeding, including
respondent's attorney fees, will be paid from the respondent's estate.

(e) In addition to the duties set out in paragraph (d), the visitor shall make any other
investigations the court directs.

(f) The visitor shall promptly filenew text begin, as a confidential document consistent with the bill of
particulars under section 524.5-121,
new text end a report with the court which must include:

(1) recommendations regarding the appropriateness of a conservatorship, including
whether less restrictive means of intervention are available, the type of conservatorship,
and, if a limited conservatorship, the powers and duties to be granted the limited conservator,
and the assets over which the conservator should be granted authority;

(2) a statement as to whether the respondent approves or disapproves of the proposed
conservator, and the powers and duties proposed or the scope of the conservatorship; and

(3) any other matters the court directs.

(g) While a petition to establish a conservatorship or for another protective order is
pending, after preliminary hearing and without notice to others, the court may make orders
to preserve and apply the property of the respondent as may be required for the support of
the respondent or individuals who are in fact dependent upon the respondent, and may
appoint an agent to assist in that task.

Sec. 27.

Minnesota Statutes 2018, section 524.5-408, is amended to read:


524.5-408 deleted text beginORIGINAL PETITIONdeleted text endnew text begin CONSERVATORSHIP PROCEEDINGSnew text end:
PROCEDURE AT HEARING.

(a) Unless excused by the court for good cause, the petitioner and the proposed
conservator shall attend the hearing. The respondent shall attend and participate in the
hearing unless excused by the court for good cause. The petitioner and respondent may
present evidence and subpoena witnesses and documents, examine witnesses, including the
visitor, and otherwise participate in the hearing. The hearing may be held in a location
convenient to the respondent and may be closed upon request of the respondent and a
showing of good cause.

(b) Any person may request permission to participate in the proceeding. The court may
grant the request, with or without hearing, upon a showing of good cause and after
determining that the best interest of the respondent will be served. The court may attach
appropriate conditions to the participation.

new text begin (c) A respondent to any conservatorship or protective proceeding petition and any person
subject to conservatorship in any other conservatorship or protective proceeding has not
placed his or her health, physical or mental condition in controversy and any denials,
allegations or affirmative assertions by the respondent or person subject to conservatorship
regarding capacity or their ability to receive and evaluate information do not place such
matters in controversy.
new text end

Sec. 28.

Minnesota Statutes 2018, section 524.5-409, is amended to read:


524.5-409 FINDINGS; ORDER OF APPOINTMENT.

Subdivision 1.

Limited or unlimited conservator.

(a) The court may appoint a limited
or unlimited conservator for a respondent only if it finds that:

(1) by clear and convincing evidence, the individual is unable to manage property and
business affairs because of an impairment in the ability to receive and evaluate information
or make decisions, even with the use of appropriate technological assistance, or because
the individual is missing, detained, or unable to return to the United States;

(2) by a preponderance of evidence, the individual has property that will be wasted or
dissipated unless management is provided or money is needed for the support, care, education,
health, and welfare of the individual or of individuals who are entitled to the individual's
support and that protection is necessary or desirable to obtain or provide money; and

(3) the respondent's identified needs cannot be met by less restrictive means, including
new text begin but not limited to new text enduse of appropriate technological assistancenew text begin, supported decision making,
representative payee, trusts, banking or bill paying assistance, or appointment of an
attorney-in-fact under section 523.01. The court must make specific findings particular to
the respondent why less restrictive alternatives do not work
new text end.

(b) Alternatively, the court, with appropriate findings, may enter any other appropriate
order, or dismiss the proceeding.

(c) The court, whenever feasible, shall grant to a conservator only those powers
necessitated by the deleted text beginprotected person'sdeleted text end limitations and demonstrated needsnew text begin of the person
subject to conservatorship
new text end and make appointive and other orders that will encourage the
development of the deleted text beginprotected person'sdeleted text end maximum self-reliance and independencenew text begin of the
person subject to conservatorship
new text end.

(d) Within 14 days after an appointment, the conservator shall send or deliver to the
deleted text begin protecteddeleted text end personnew text begin subject to conservatorshipnew text end, if the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end
has attained 14 years of age and is not missing, detained, or unable to return to the United
States, and counsel if represented at the hearing, a copy of the order of appointment
accompanied by a notice which advises the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end of
the right to appeal the conservatorship appointment in the time and manner provided by the
Rules of Appellate Procedure.

(e) Each year, within 30 days after the anniversary date of an appointment, a conservator
shall send or deliver to the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end and to interested
persons of record with the court a notice of the right to request termination or modification
of the conservatorship or for any order that is in the best interests of the deleted text beginprotecteddeleted text end personnew text begin
subject to conservatorship
new text end or for other appropriate reliefnew text begin as well as a copy of the bill of
rights for the person subject to conservatorship as provided in section 524.5-120
new text end.

(f) The appointment of a conservator or the entry of another protective order is not a
determination of incapacity of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end.

Subd. 2.

Emergency and temporary conservator.

(a) If the court finds that compliance
with the procedures of this article will likely result in the immediate loss, waste, or dissipation
of the individual's assets or income unless management is provided, or money is needed for
the support, care, education, health, and welfare of the individual or of individuals who are
entitled to the individual's support and that protection is necessary or desirable to obtain or
provide money, and that no other person appears to have authority and willingness to act
in the circumstances, the court, on petition by a person interested in the respondent's welfare,
may appoint an emergency conservator whose authority may not exceed 60 days and who
may exercise only the powers specified in the order. A county that is acting under section
626.557, subdivision 10, by petitioning for appointment of an emergency conservator on
behalf of a vulnerable adult may be granted authority to act for a period not to exceed 90
days. new text beginAn emergency conservator's appointment under this section may be extended once
for a period not to exceed 60 days if the court finds good cause for the continuation of the
conservatorship.
new text endImmediately upon receipt of the petition for an emergency conservatorship,
the court shall appoint a lawyer to represent the respondent in the proceeding. Except as
otherwise provided in paragraph (b), reasonable notice of the time and place of a hearing
on the petition must be given to the respondent and any other persons as the court directs.

(b) An emergency conservator may be appointed without notice to the respondent and
the respondent's lawyer only if the court finds from affidavit or other sworn testimony that
the respondent will be substantially harmed before a hearing on the appointment can be
held. If the court appoints an emergency conservator without notice to the respondent, the
respondent must be given notice of the appointment within 48 hours after the appointment.
The court shall hold a hearing on the appropriateness of the appointment within five days
after the appointment.

(c) Appointment of an emergency conservator, with or without notice, is not a
determination of the respondent's incapacity.

(d) The court may remove an emergency conservator at any time. An emergency
conservator shall make any report the court requires. In other respects, the provisions of
this article concerning conservators apply to an emergency conservator.

(e) If the court finds that a conservator is not effectively performing the conservator's
duties and that the security and preservation of the deleted text beginprotected person'sdeleted text end assetsnew text begin of the person
subject to conservatorship
new text end requires immediate action, the court may appoint a temporary
substitute conservator for the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end for a specified
period not exceeding six months. Except as otherwise ordered by the court, a temporary
substitute conservator so appointed has the powers set forth in the previous order of
appointment. The authority of any unlimited or limited conservator previously appointed
by the court is suspended as long as a temporary substitute conservator has authority. If an
appointment is made without previous notice to the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end or the affected conservator within five days after the appointment, the court
shall inform the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end or conservator of the
appointment.

(f) The court may remove a temporary substitute conservator at any time. A temporary
substitute conservator shall make any report the court requires. In other respects, the
provisions of this article concerning conservators apply to a temporary substitute conservator.

new text begin (g) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

Sec. 29.

Minnesota Statutes 2018, section 524.5-411, is amended to read:


524.5-411 REQUIRED COURT APPROVAL.

(a) After notice to affected persons as provided in this section, and after hearing, and
upon express authorization of the court, a conservator may:

(1) make gifts;

(2) convey, release, or disclaim contingent and expectant interests in property, including
marital property rights and any right of survivorship incident to joint tenancy or tenancy by
the entireties;

(3) exercise or release a power of appointment;

(4) create a revocable or irrevocable trust of property of the estate, whether or not the
trust extends beyond the duration of the conservatorship, or to revoke or amend a trust
revocable by the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end;

(5) subject to the terms of the plan document, contract, or agreement, exercise rights to
elect options and change beneficiaries under insurance policies and annuities or surrender
the policies and annuities for their cash value, and any change pursuant to this clause, shall
invalidate the existing elections and beneficiary designations;

(6) exercise any right to exempt property and an elective share in the estate of the
deleted text begin protected person'sdeleted text end deceased spousenew text begin of the person subject to conservatorshipnew text end and to renounce
or disclaim any interest by testate or intestate succession or by transfer inter vivos;

(7) subject to the terms of the plan document, contract, or agreement, exercise rights to
elect options and change beneficiaries under any qualified or nonqualified retirement plan
including, but not limited to, defined benefit plans, defined contribution plans, plans governed
by sections 401(k), 403, 408, or 457 of the Internal Revenue Code and the regulations
thereto, and the right to exercise the options provided a plan participant or beneficiary under
section 401 and related provisions of the Internal Revenue Code and the regulations thereto,
and any change pursuant to this clause, shall invalidate the existing elections and beneficiary
designations;

(8) exercise the power to create, terminate, or alter the beneficial interests and
beneficiaries of, a payable on death (POD) account, a transfer on death (TOD) security
registration or account, or joint tenancy interests with rights of survivorship; and

(9) make, amend, or revoke the deleted text beginprotected person'sdeleted text end willnew text begin of the person subject to
conservatorship
new text end.

(b) Notice of any hearing pursuant to this section shall not be given pursuant to section
524.5-113. Notice of any hearing under this section shall be given to all affected persons,
in plain language, and shall provide the time and place of the hearing and be given by mail
postmarked at least 14 days before the hearing. Proof of notice must be made before or at
the hearing and filed in the proceeding. For purposes of this section, notice to "affected
persons":

(1) shall always include (i) the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end, (ii) the duly
appointed conservator, (iii) the deleted text beginprotected person'sdeleted text end heirs-at-lawnew text begin of the person subject to
conservatorship
new text end, (iv) any state agency or county social services agency paying benefits to
or for the benefit of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end, (v) any state agency
to which an application for benefits has been submitted and any state or county agency that
has prepared an asset assessment or could prepare an asset assessment under section
256B.059, subdivision 2, for the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end or spouse, and
(vi) subject to the limitations of paragraph (c), all beneficiaries of the deleted text beginprotected person'sdeleted text end
existing will or revocable trustnew text begin of the person subject to conservatorshipnew text end;

(2) shall also include, subject to the limitations of paragraph (c), any person who has a
beneficial vested or contingent interest that may be affected by the exercise of the power
under this section; and

(3) shall also include any other persons designated by the court.

(c) For purposes of this section, when giving notice, or for purposes of giving consent
or approval, or objecting with regard to any proceedings under this section, the sole holder
or all coholders of a presently exercisable or testamentary general power of appointment,
power of revocation, or unlimited power of withdrawal, under an existing will or trust, are
deemed to represent and act for beneficiaries to the extent that their interests as objects,
takers in default, or otherwise, are subject to the power.

(d) A conservator, in making, amending, or revoking the deleted text beginprotected person'sdeleted text end willnew text begin of the
person subject to conservatorship
new text end, shall comply with sections 524.2-501 to 524.2-517 acting
on behalf of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end.

(e) The court, in exercising or in approving a conservator's exercise of the powers listed
in paragraph (a), shall consider primarily the decision that the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end would have made, to the extent that the decision can be ascertained. The
court shall also consider:

(1) the financial needs of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end and the needs
of individuals who are dependent on the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end for
support and the interests of creditors;

(2) possible effect on income, estate, gift, inheritance, or other tax liabilities;

(3) eligibility for governmental assistance with the goal of avoiding reliance on such
programs;

(4) the deleted text beginprotected person'sdeleted text end previous pattern of giving or level of supportnew text begin of the person
subject to conservatorship
new text end;

(5) the existing estate plan;

(6) the deleted text beginprotected person'sdeleted text end life expectancynew text begin of the person subject to conservatorshipnew text end and
the probability that the conservatorship will terminate before the deleted text beginprotected person'sdeleted text end deathnew text begin
of the person subject to conservatorship
new text end;

(7) whether the deleted text beginprotected person'sdeleted text end needsnew text begin of the person subject to conservatorshipnew text end can be
met from the person's remaining assets after any transfer is made, taking into account the
effect of any transfer on eligibility for medical assistance long-term care services; and

(8) any other factors the court considers relevant.

(f) If an affected person, as defined in this article, is a minor or an incapacitated person
as defined by this article and has no guardian or conservator within the state, or if an affected
person is unborn, unascertained, or a person whose identity or address is unknown to the
petitioner, the court shall represent that person, unless the court, upon the application of the
guardian, conservator, or any other affected person, appoints a guardian ad litem to represent
the affected person.

(g) Notwithstanding the power granted to the conservator by the court under this section,
the conservator owes no duty to any person other than the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end. The conservator shall not be held liable for the exercise or the failure to
exercise, or the decision to exercise or the decision to decline to exercise, the powers granted
by this section. The conservator, however, may be held liable to the deleted text beginprotected person'sdeleted text end estatenew text begin
of the person subject to conservatorship
new text end for gross negligence related to the implementation
of any action approved by the court under this section.

(h) The Uniform Guardianship and Protective Proceedings Act does not repeal section
524.2-215 as it applies to deleted text beginwards, protecteddeleted text end personsnew text begin subject to guardianship, persons subject
to conservatorship
new text end, or respondents, expressly or by implication. If there is a conflict between
the act and section 524.2-215, section 524.2-215 controls and the guardian or conservator
shall exercise the rights of the deleted text beginward, protecteddeleted text end personnew text begin subject to guardianship, person subject
to conservatorship
new text end, or respondent under section 524.2-215 without the need for any court
order.

new text begin (i) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

Sec. 30.

Minnesota Statutes 2018, section 524.5-412, is amended to read:


524.5-412 PROTECTIVE ARRANGEMENTS AND SINGLE TRANSACTIONS.

(a) If a basis is established for a protective order with respect to an individual, the court,
without appointing a conservator, may:

(1) authorize, direct, or ratify any transaction necessary or desirable to achieve any
arrangement for security, service, or care meeting the foreseeable needs of the deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end, including:

(i) subject to the procedural and notice requirements of section 524.5-418, the sale,
mortgage, lease, or other transfer of property;

(ii) purchase of an annuity;

(iii) making a contract for lifetime care, a deposit contract, or a contract for training and
education; deleted text beginor
deleted text end

(iv) addition to or establishment of a suitable trust, including a trust created under the
Uniform Custodial Trust Act; deleted text beginanddeleted text endnew text begin or
new text end

new text begin (v) establish, fund, and administer an ABLE account for the person subject to
conservatorship. The conservator may exercise all powers over the ABLE account for the
benefit of the person subject to conservatorship and shall direct investment of the ABLE
accounts property in accordance with the provisions of sections 48A.07, subdivision 6;
501C.0901; and 524.5-423, or as otherwise ordered by the court. The standard of a fiduciary
shall be applicable to all ABLE account investments by a conservator; and
new text end

(2) authorize, direct, or ratify any other contract, trust, will, or transaction relating to the
deleted text begin protected person'sdeleted text end property and business affairsnew text begin of the person subject to conservatorshipnew text end,
including a settlement of a claim, upon determining that it is in the best interest of the
deleted text begin protecteddeleted text end personnew text begin subject to conservatorshipnew text end.

(b) In deciding whether to approve a protective arrangement or other transaction under
this section, the court shall consider the factors listed in section 524.5-411, paragraph (e).

(c) The court may appoint an agent to assist in the accomplishment of any protective
arrangement or other transaction authorized under this section. The agent has the authority
conferred by the order and shall serve until discharged by order after report to the court;
provided, however, that if a conservator is appointed, only the conservator has the power
to sign all real estate deeds.

new text begin (d) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

Sec. 31.

Minnesota Statutes 2018, section 524.5-414, is amended to read:


524.5-414 PETITION FOR ORDER SUBSEQUENT TO APPOINTMENT.

(a) A deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end or an interested person may file a
petition in the appointing court for an order:

(1) requiring bond or collateral or additional bond or collateral, or reducing bond;

(2) requiring an accounting for the administration of the deleted text beginprotected person'sdeleted text end estatenew text begin of the
person subject to conservatorship
new text end;

(3) directing distribution;

(4) removing the conservator and appointing a temporary or successor conservator;

(5) modifying the type of appointment or powers granted to the conservator if the extent
of protection or management previously granted is currently excessive or insufficient or the
deleted text begin protected person'sdeleted text end ability new text beginof the person subject to conservatorship new text endto manage the estate and
business affairs has so changed as to warrant the action; or

(6) acting in the deleted text beginprotected person'sdeleted text end best interestsnew text begin of the person subject to conservatorshipnew text end
or granting other appropriate relief.

(b) A conservator may petition the appointing court for instructions concerning fiduciary
responsibility.

(c) On notice and hearing the petition, the court may give appropriate instructions and
make any appropriate order.

(d) The court may, at its own discretion, waive the notice or hearing requirements for
the relief requested in a petition filed under this section.

new text begin (e) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

Sec. 32.

Minnesota Statutes 2018, section 524.5-415, is amended to read:


524.5-415 BOND.

The court may require a conservator to furnish a bond conditioned upon faithful discharge
of all duties of the conservatorship according to law, with sureties as it may specify.new text begin A bond
is not required for any conservator that is a bank or trust company provided the total
conservatorship assets do not exceed $1,000,000. If the conservator is a bank or trust
company then a bond shall be required if the conservatorship assets exceed $1,000,000.
new text end

Sec. 33.

Minnesota Statutes 2018, section 524.5-416, is amended to read:


524.5-416 TERMS AND REQUIREMENTS OF BOND.

(a) The following rules apply to any bond required:

(1) Except as otherwise provided by the terms of the bond, sureties and the conservator
are jointly and severally liable.

(2) By executing the bond of a conservator, a surety submits to the jurisdiction of the
court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary
duties of the conservator in which the surety is named as a party. Notice of any proceeding
new text begin seeking to surcharge any interested party or the bond new text endmust be sent or delivered to the surety
at the address shown in the court records at the place where the bond is filed and to any
other address then known to the petitioner.

(3) On petition of a successor conservator or any interested person, a proceeding may
be brought against a surety for breach of the obligation of the bond of the conservator.

(4) The bond of the conservator may be proceeded against until liability under the bond
is exhausted.

(5) Except as otherwise provided in this section, in any proceeding where the value of
the personal property of the estate of the proposed deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end
in the initial inventory of the estate filed by the conservator under section 524.5-419 is
expected to be at least $10,000, the court shall require the conservator to furnish a bond in
an amount that the court determines is necessary to reasonably protect the deleted text beginprotected person'sdeleted text end
assetsnew text begin of the person subject to conservatorshipnew text end. Joint conservators may unite in a bond or
each may give a separate bond.

(b) In lieu of executing and filing a bond, the conservator may request that access to
certain assets of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end be blocked. The court may
grant the request if sufficient evidence is filed with the court to establish that those assets
are being held in a manner that prevents the conservator from accessing the assets without
a specific court order or the court finds that the manner in which the assets are held is
sufficient to protect the assets. To the extent that assets not placed in blocked accounts are
expected to be at least $10,000, the bond requirement under paragraph (a) applies.

(c) A proceeding may not be brought against a surety on any matter as to which an action
or proceeding against the primary obligor is barred.

Sec. 34.

Minnesota Statutes 2018, section 524.5-417, is amended to read:


524.5-417 GENERAL POWERS AND DUTIES OF CONSERVATOR.

(a) A conservator shall be subject to the control and direction of the court at all times
and in all things.

(b) The court shall grant to a conservator only those powers necessary to provide for the
demonstrated needs of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end.

(c) The court may appoint a conservator if it determines that all the powers and duties
listed in this section are needed to provide for the needs of the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end. The court may also appoint a conservator if it determines that a conservator
is necessary to provide for the needs of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end
through the exercise of some, but not all, of the powers and duties listed in this section. The
duties and powers of a conservator include, but are not limited to:

(1) the duty to pay the reasonable charges for the support, maintenance, and education
of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end in a manner suitable to the deleted text beginprotected
person's
deleted text end station in lifenew text begin of the person subject to conservatorshipnew text end 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 conservator has no duty to pay
for these requirements out of personal funds. Wherever possible and appropriate, the
conservator should meet these requirements through governmental benefits or services to
which the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end is entitled, rather than from the
deleted text begin protected person'sdeleted text end estatenew text begin of the person subject to conservatorshipnew text end. Failure to satisfy the needs
and requirements of this section shall be grounds for removal, but the conservator shall have
no personal or monetary liability;

(2) the duty to pay out of the deleted text beginprotected person'sdeleted text end estatenew text begin of the person subject to
conservatorship
new text end all lawful debts of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end and the
reasonable charges incurred for the support, maintenance, and education of the deleted text beginprotected
person's
deleted text end spouse and dependent childrennew text begin of the person subject to conservatorshipnew text end 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 deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end;

(3) the duty to possess and manage the estate, collect all debts and claims in favor of
the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end, or, with the approval of the court,
compromise them, institute suit on behalf of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end
and represent the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end in deleted text beginany court proceedings,deleted text endnew text begin
expungement proceedings, harassment proceedings, and all civil court proceedings, including
but not limited to restraining orders, orders for protection, name changes, conciliation court,
housing court, family court, probate court and juvenile court;
new text end 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, 501C.0901,
and 524.5-423, or as otherwise ordered by the court. The standard of a fiduciary shall be
applicable to all investments by a conservator. A 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 deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end has inherited an undivided
interest in real estate, the court, on a showing that it is for the best interest of the deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end, may authorize an exchange or sale of the deleted text beginprotected
person's
deleted text end interest new text beginof the person subject to conservatorship new text endor a purchase by the deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end of any interest other heirs may have in the real estate,
subject to the procedures and notice requirements of section 524.5-418;

(5) the power to approve or withhold approval of any contract, except for necessities,
which the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end may make or wish to make; deleted text beginand
deleted text end

(6) the power to apply on behalf of the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end for
any assistance, services, or benefits available to the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end through any unit of governmentdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) the power to establish an ABLE account for the person subject to conservatorship.
The conservator may exercise all powers over the ABLE account for the benefit of the
person subject to conservatorship and shall direct investment of the ABLE accounts property
in accordance with the provisions of sections 48A.07, subdivision 6, 501C.0901, and
524.5-423, or as otherwise ordered by the court. The standard of a fiduciary shall be
applicable to all ABLE account investments by a conservator.
new text end

(d) The conservator shall have the power to revoke, suspend, or terminate all or any part
of a durable power of attorney of which the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end is
the principal with the same power the principal would have if the principal were not
incapacitated. If a durable power of attorney is in effect, a decision of the conservator takes
precedence over that of an attorney-in-fact.

(e) Transaction set aside. If a deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end has made a
financial transaction or gift or entered into a contract during the two-year period before
establishment of the conservatorship, the conservator may petition for court review of the
transaction, gift, or contract. If the court finds that the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end was incapacitated 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 paragraph does not affect any other right or remedy that may
be available to the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end with respect to the transaction,
gift, or contract.

(f) After the filing of the petition, a certificate of the district court certified to that fact
may be filed for record with the Minnesota secretary of state in the same manner as provided
in section 336.9-501. The certificate shall state that a petition is pending and the name and
address of the person for whom a conservator is sought. If a conservator is appointed on
the petition, and if the conservatorship order removes or restricts the right of the deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end to transfer property or to contract, then all contracts except
for necessaries, and all transfers of personal property, tangible or intangible, including, but
not limited to, cash or securities transfers at banks, brokerage houses, or other financial
institutions, or transfers of cash or securities, made by the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end after the filing and before the termination of the conservatorship shall be
voidable.

new text begin (g) Unless otherwise ordered by the court, if the person subject to conservatorship shall
at any time during the continuance of the conservatorship be employed, the wages or salary
for employment of the person subject to conservatorship shall not be a part of the
conservatorship estate and the wages and salaries shall be paid to the person subject to
conservatorship and shall be subject to the control of the person subject to conservatorship
to the same extent as if the conservatorship did not exist. The conservator shall not have to
account for the wages and salary.
new text end

Sec. 35.

Minnesota Statutes 2018, section 524.5-420, is amended to read:


524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING; COURT
ORDERS.

(a) A conservator shall report to the court for administration of the estate annually unless
the court otherwise directs, upon resignation or removal, upon termination of the
conservatorship, and at other times as the court directs. An order, after notice and hearing,
allowing an intermediate report of a conservator adjudicates liabilities concerning the matters
adequately disclosed in the accounting. An order, after notice and hearing, allowing a final
report adjudicates all previously unsettled liabilities relating to the conservatorship.

(b) A report must state or contain a listing of the assets of the estate under the
conservator's control and a listing of the receipts, disbursements, and distributions during
the reporting period.

(c) The report must also state an address new text beginor post office box new text endand new text begina new text endtelephone number
where the conservator can be contacted.

(d) A conservator shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this paragraph. The conservator must report any of the
occurrences in this paragraph and follow the same reporting requirements in this paragraph
for any employee of the conservator responsible for exercising powers and duties under the
conservatorship. A copy of the report must be provided to the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end and to interested persons of record with the court. A conservator shall report
when:

(1) the conservator is removed for cause from serving as a guardian or conservator, and
if so, the case number and court location;

(2) the conservator has a professional license from an agency listed under section
524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and if so,
the licensing agency and license number, and the basis for denial, condition, suspension,
revocation, or cancellation of the license;

(3) the conservator is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
case number and court location;

(4) the conservator files for or receives protection under the bankruptcy laws, and if so,
the case number and court location;

(5) a civil monetary judgment is entered against the conservator, and if so, the case
number, court location, and outstanding amount owed;

(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
offense, and if so, the case number and court location; or

(7) an order for protection or harassment restraining order is issued against the
conservator, and if so, the case number and court location.

(e) A deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end or an interested person of record with
the court may submit to the court a written statement disputing account statements regarding
the administration of the estate or addressing any disciplinary or legal action that is contained
in the reports and may petition the court for any order that is in the best interests of the
deleted text begin protecteddeleted text end personnew text begin subject to conservatorshipnew text end and the estate or for other appropriate relief.

(f) An interested person may notify the court in writing that the interested person does
not wish to receive copies of reports required under this sectionnew text begin after which time neither
the court nor any other person is required to give notice to any person who has waived
notice
new text end.

(g) The court may appoint a visitor to review a report or plan, interview the deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end or conservator, and make any other investigation the court
directs. In connection with a report, the court may order a conservator to submit the assets
of the estate to an appropriate examination to be made in a manner the court directs.

(h) The court shall establish a system for monitoring of conservatorships, including the
filing and review of conservators' reports and plans. If an annual report is not filed within
60 days of the required date, the court shall issue an order to show cause.new text begin Unless otherwise
ordered by the court, a report under this section shall be filed publicly.
new text end

new text begin (i) If there is no acting guardian, a conservator that becomes aware of the death of the
person subject to conservatorship shall notify in writing; orally; or by phone, text message,
e-mail, or electronic service, all known interested persons as defined by section 524.5-102,
subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi), and the court as soon as is reasonably
practical, that the person subject to conservatorship has died. The conservator may delegate
this task under reasonable circumstances.
new text end

deleted text begin (i)deleted text endnew text begin (j)new text end If a conservator fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.

Sec. 36.

Minnesota Statutes 2018, section 524.5-423, is amended to read:


524.5-423 SALE, ENCUMBRANCE, OR OTHER TRANSACTION INVOLVING
CONFLICT OF INTEREST.

Any transaction involving the conservatorship estate which is affected by a conflict
between the conservator's fiduciary and personal interests is voidable unless the transaction
is expressly authorized by the court after notice to interested persons. A transaction affected
by a conflict between personal and fiduciary interests includes any sale, encumbrance, or
other transaction involving the conservatorship estate entered into by the conservator, the
spouse, descendant, agent, or lawyer of a conservator, or corporation or other enterprise in
which the conservator has a beneficial interest. deleted text beginNotwithstanding a conflict between the
conservator's fiduciary and personal interests, if the protected person is a parent, child, or
sibling of the conservator, the court has discretion to allow a transaction of beneficial interest
to the conservator, as long as the conservator can prove that this transaction is primarily in
the best interest of the protected person.
deleted text end

Sec. 37.

Minnesota Statutes 2018, section 524.5-431, is amended to read:


524.5-431 TERMINATION OF PROCEEDINGS.

(a) A conservatorship terminates upon the death of the deleted text beginprotecteddeleted text end personnew text begin subject to
conservatorship
new text end or upon order of the court. Unless created for reasons other than that the
deleted text begin protecteddeleted text end personnew text begin subject to conservatorshipnew text end is a minor, a conservatorship created for a minor
also terminates when the deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end attains majority or is
emancipated.

(b) Upon the death of a deleted text beginprotecteddeleted text end personnew text begin subject to conservatorshipnew text end, the conservator
shall conclude the administration of the estate by distribution of probate property to the
personal representative of the deleted text beginprotected person'sdeleted text end estatenew text begin of the person subject to
conservatorship
new text end. The conservator shall distribute nonprobate property to the successor in
interest. The conservator shall file a final report and petition for discharge no later than 30
days after distribution, and notice of hearing for allowance of said report shall be given to
interested persons and to the personal representative of the deleted text beginprotected person'sdeleted text end estatenew text begin of the
person subject to conservatorship
new text end.

(c) On petition of any person interested in the deleted text beginprotected person'sdeleted text end welfarenew text begin of the person
subject to conservatorship
new text end, the court may terminate the conservatorship if the deleted text beginprotecteddeleted text end
personnew text begin subject to conservatorshipnew text end no longer needs the assistance or protection of a
conservator. Termination of the conservatorship does not affect a conservator's liability for
previous acts or the obligation to account for funds and assets of the deleted text beginprotecteddeleted text end personnew text begin subject
to conservatorship
new text end.

(d) Except as otherwise ordered by the court for good cause, before terminating a
conservatorship, the court shall follow the same procedures to safeguard the rights of the
deleted text begin protecteddeleted text end personnew text begin subject to conservatorshipnew text end that apply to a petition for conservatorship.
Upon the establishment of a prima facie case for termination, the court shall order termination
unless it is proved that continuation of the conservatorship is in the best interest of the
deleted text begin protecteddeleted text end personnew text begin subject to conservatorshipnew text end.

(e) Upon termination of a conservatorship, whether or not formally distributed by the
conservator, title to assets of the estate remains vested in the formerly deleted text beginprotecteddeleted text end personnew text begin
subject to conservatorship
new text end or passes to the person's successors subject to administration,
including claims of creditors and allowances of surviving spouse and dependent children,
and subject to the rights of others resulting from abatement, retainer, advancement, and
ademption. The order of termination must provide for new text beginpayment of new text endexpenses of administration
andnew text begin include payment of fees and costs of final administration for guardians, conservators,
and attorneys. The order must
new text end direct the conservator to execute appropriate instruments to
evidence the transfer of title or confirm a distribution previously made and to file a final
report and a petition for discharge upon approval of the final report.

(f) The court shall enter a final order of discharge upon the approval of the final report
and satisfaction by the conservator of any other conditions placed by the court on the
conservator's discharge.

new text begin (g) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text end

new text begin (h) A conservator may petition the court for discharge from the conservatorship.
new text end

Sec. 38.

Minnesota Statutes 2018, section 524.5-502, is amended to read:


524.5-502 COMPENSATION AND EXPENSES.

(a) The court may authorize a proceeding under this article to proceed in forma pauperis,
as provided in chapter 563.

(b) In proceedings under this article, a lawyer or health professional rendering necessary
services with regard to the appointment of a guardian or conservator, the administration of
the protected person's estate or personal affairs, or the restoration of that person's capacity
or termination of the protective proceeding shall be entitled to compensation from the
deleted text begin protected person'sdeleted text end estate new text beginof the person subject to guardianship or conservatorship new text endor from
the county having jurisdiction over the proceedings if the deleted text beginward or protecteddeleted text end person new text beginsubject
to guardianship or conservatorship
new text endis indigent. When the court determines that other necessary
services have been provided for the benefit of the deleted text beginward or protecteddeleted text end person new text beginsubject to
guardianship or conservatorship
new text endby a lawyer or health professional, the court may order
fees to be paid from the estate of the deleted text beginprotecteddeleted text end person new text beginsubject to guardianship or
conservatorship
new text endor from the county having jurisdiction over the proceedings if the deleted text beginward or
protected
deleted text end person new text beginsubject to guardianship or conservatorship new text endis 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 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 deleted text beginward or protecteddeleted text end personnew text begin
subject to guardianship or conservatorship
new text end. 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 the court determines that a guardian or conservator has rendered necessary
services or has incurred necessary expenses for the benefit of the deleted text beginward or protecteddeleted text end personnew text begin
subject to guardianship or conservatorship
new text end, the court may order reimbursement or
compensation to be paid from the estate of the deleted text beginprotecteddeleted text end person new text beginsubject to guardianship or
conservatorship
new text endor from the county having jurisdiction over the guardianship or protective
proceeding if the deleted text beginward or protecteddeleted text end person new text beginsubject to guardianship or conservatorship new text endis
indigent. The court may not deny an award of fees solely because the deleted text beginward or protecteddeleted text end
person new text beginsubject to guardianship or conservatorship new text endis a recipient of medical assistance. In
determining 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 protected person. If these services are provided by a public or private agency,
the county may contract on a fee-for-service basis with that agency.

(d) The court shall order reimbursement or 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 protective proceeding services necessary to prevent maltreatment
of a vulnerable adult, as defined in section 626.5572, subdivision 15. In determining
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 deleted text beginward
or protected
deleted text end personnew text begin subject to guardianship or conservatorshipnew text end. If these services are provided
by a public or private agency, the county may contract on a fee-for-service basis with that
agency.

(e) When a county employee serves as a guardian or conservator as part of employment
duties, the court shall order 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 protected person's estate for 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.

Sec. 39.

Minnesota Statutes 2018, section 609.748, subdivision 2, is amended to read:


Subd. 2.

Restraining order; court jurisdiction.

A person who is a victim of harassmentnew text begin
or the victim's guardian or conservator
new text end may seek a restraining order from the district court
in the manner provided in this section. The parent, guardiannew text begin or conservatornew text end, or stepparent
of a minor who is a victim of harassment may seek a restraining order from the district court
on behalf of the minor. An application for relief under this section may be filed in the county
of residence of either party or in the county in which the alleged harassment occurred. There
are no residency requirements that apply to a petition for a harassment restraining order.

Sec. 40.

Minnesota Statutes 2018, section 611A.01, is amended to read:


611A.01 DEFINITIONS.

For the purposes of sections 611A.01 to 611A.06:

(a) "Crime" means conduct that is prohibited by local ordinance and results in bodily
harm to an individual; or conduct that is included within the definition of "crime" in section
609.02, subdivision 1, or would be included within that definition but for the fact that (1)
the person engaging in the conduct lacked capacity to commit the crime under the laws of
this state, or (2) the act was alleged or found to have been committed by a juvenile.

(b) "Victim" means a natural person who incurs loss or harm as a result of a crime,
including a good faith effort to prevent a crime, and for purposes of sections 611A.04 and
611A.045, also includes (1) a corporation that incurs loss or harm as a result of a crime, (2)
a government entity that incurs loss or harm as a result of a crime, and (3) any other entity
authorized to receive restitution under section 609.10 or 609.125. The term "victim" includes
the family members, guardian, new text beginconservator, new text endor custodian of a minor, incompetent,
incapacitated, or deceased person. In a case where the prosecutor finds that the number of
family members makes it impracticable to accord all of the family members the rights
described in sections 611A.02 to 611A.0395, the prosecutor shall establish a reasonable
procedure to give effect to those rights. The procedure may not limit the number of victim
impact statements submitted to the court under section 611A.038. The term "victim" does
not include the person charged with or alleged to have committed the crime.

(c) "Juvenile" has the same meaning as given to the term "child" in section 260B.007,
subdivision 3
.

Sec. 41. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall substitute the term "person subject to guardianship" for the
term "ward" and "person subject to conservatorship" for the term "protected person" in
Minnesota Statutes, sections 524.5-101 to 524.5-505, except in section 524.5-102,
subdivisions 7, 14, and 17. The revisor shall make grammatical changes related to the change
in terms.
new text end

Sec. 42. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 17, 20, 25, and 28 are effective August 1, 2020, and apply to cases commenced
on or after August 1, 2020. Sections 1 to 16, 18, 19, 21 to 24, 26, 27, and 29 to 41 are
effective August 1, 2020, and apply to cases commenced before, on, or after that date.
new text end