Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 456-H.F.No. 1971 
           An act relating to guardianship; permitting 
          appointment of any number of guardians; permitting the 
          appointment of guardians who reside outside the state; 
          amending Minnesota Statutes 1986, sections 525.54, 
          subdivision 1; and 525.544, subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 525.54, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ADULTS SUBJECT TO GUARDIANSHIP AND 
CONSERVATORSHIP.] Upon petition as provided in this chapter, the 
court, if satisfied of the need therefor, may appoint one or two 
more persons suitable and competent to discharge the trust as 
guardians of the person or estate or of both or as conservators 
of the person or the estate or of both, of any incapacitated 
person.  
    Sec. 2.  Minnesota Statutes 1986, section 525.544, 
subdivision 2, is amended to read:  
    Subd. 2.  [OTHER CASES.] If the proposed ward or 
conservatee lacks capacity or fails to nominate a conservator or 
guardian, the court may appoint a qualified person if the court 
finds that the person's appointment is in the best interests of 
the proposed ward or conservatee.  A proposed guardian or 
conservator need not reside in this state if the proposed 
guardian or conservator is able to maintain a current 
understanding of the ward's or conservatee's physical and mental 
status and needs.  If the proposed ward or conservatee lacks 
capacity or fails to give instructions, the court may give the 
guardian or conservator powers as required in accordance with 
section 525.56. 
    Approved April 6, 1988