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Minnesota Legislature

Office of the Revisor of Statutes

SF 207

as introduced - 91st Legislature (2019 - 2020) Posted on 01/17/2019 02:09pm

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

Current Version - as introduced

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A bill for an act
relating to guardians; amending the background study requirements for parents of
proposed wards; amending Minnesota Statutes 2018, section 524.5-118, subdivision
1.

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

Section 1.

Minnesota Statutes 2018, section 524.5-118, subdivision 1, is amended to read:


Subdivision 1.

When required; exception.

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

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

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

(b) The background study must include:

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

(2) criminal history data from the National Criminal Records Repository if the proposed
guardian or conservator has not resided in Minnesota for the previous ten years or if the
Bureau of Criminal Apprehension information received from the commissioner of human
services under subdivision 2, paragraph (b), indicates that the subject is a multistate offender
or that the individual's multistate offender status is undetermined; and

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

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

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

(e) The fee for conducting a background study for appointment of a professional guardian
or conservator must be paid by the guardian or conservator. In other cases, the fee must be
paid as follows:

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

(2) if there is an estate of the ward or protected person, the fee must be paid from the
estate; or

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

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

(1) a state agency or county;

(2) a parent or guardian of a proposed ward or protected person who has a developmental
disability, ifnew text begin:
new text end

new text begin (i)new text end the parent or guardian has raised the proposed ward or protected person in the family
home until the time the petition is filednew text begin or the proposed ward enters a licensed facility prior
to turning 18 years of age and the parent or guardian has raised the proposed ward until the
time the proposed ward entered the facility; and
new text end

new text begin (ii) new text enddeleted text begin, unlessdeleted text end counsel appointed for the proposed ward or protected person under section
524.5-205, paragraph (d); 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406,
paragraph (b)
, deleted text beginrecommendsdeleted text endnew text begin does not recommendnew text end a background study; or

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to background
checks required on or after that date.
new text end