Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 578-S.F.No. 1400 
           An act relating to probate; providing right to counsel 
          in certain guardianship and conservatorship 
          proceedings; proposing coding for new law in Minnesota 
          Statutes, chapter 525. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [525.5501] [RIGHT TO COUNSEL.] 
    Subdivision 1.  [GENERAL.] A proposed ward or conservatee 
has the right to be represented by counsel at any proceeding 
under this chapter.  The court shall appoint counsel to 
represent the proposed ward or conservatee for the initial 
proceeding held pursuant to section 525.551 if neither the 
proposed ward or conservatee nor others provide counsel unless 
in a meeting with a visitor the proposed ward or conservatee 
specifically waives the right to counsel.  Counsel must be 
appointed immediately after any petition under this chapter is 
served under section 525.55. 
    Counsel has the full right of subpoena.  In all proceedings 
under this chapter, counsel shall: 
    (1) consult with the proposed ward or proposed conservatee 
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 525.551 unless released as counsel by 
the court. 
    The court need not appoint counsel to represent the 
proposed ward or conservatee on a voluntary petition and the 
court may remove a court-appointed attorney at any time if the 
court finds that the proposed ward or conservatee has made a 
knowing and intelligent waiver of the right to counsel or has 
obtained private counsel. 
    Subd. 2.  [FILING FEE SURCHARGE.] A petitioner who pays a 
filing fee for a petition under chapters 524 and 525 shall pay a 
surcharge of up to $20, set by the county board of the county in 
which the petition is filed, in addition to the filing fee and 
other surcharges imposed by law.  The court administrator shall 
transmit the surcharge to the county treasurer for deposit in 
the county treasury.  
    Subd. 3.  [PAYMENT OF COUNSEL.] A proposed ward or 
conservatee shall pay the costs of counsel out of assets of, or 
available to, the ward or conservatee.  If the proposed ward or 
conservatee is indigent, the costs of counsel shall be paid by 
the county from amounts deposited in the county treasury under 
subdivision 2. 
    Subd. 4.  [EXCLUSION.] This section does not apply in the 
counties that make up the eighth judicial district. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 8, 1990, 8:48 p.m.