Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 118-H.F.No. 1420 
           An act relating to probate; providing for 
          determination of reasonable compensation for certain 
          guardians and conservators; changing provisions for 
          guardians and conservators of certain 
          institutionalized persons; amending Minnesota Statutes 
          1992, sections 525.54, subdivisions 1 and 3; 525.544, 
          subdivision 2; 525.58, subdivision 4; and 525.703, 
          subdivisions 2 and 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, 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 
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.  The county human services agency may create a screening 
committee to review a petition involving an indigent person.  
The screening committee must be made up of individuals selected 
by the agency with knowledge of the availability of alternatives 
that are less restrictive than guardianships or 
conservatorships.  If the agency has created a screening 
committee, the court shall make its decision after the screening 
committee has reviewed the petition.  For indigent persons, the 
court may appoint a guardian or conservator under contract with 
the county to provide these services. 
    Sec. 2.  Minnesota Statutes 1992, section 525.54, 
subdivision 3, is amended to read: 
    Subd. 3.  [GUARDIANSHIP OR CONSERVATORSHIP OF THE ESTATE.] 
Appointment of a guardian or conservator may be made in relation 
to the estate and financial affairs of an adult person:  (a) 
voluntarily, upon the person's petition or consent in writing if 
the court is satisfied of the need thereof, or (b) 
involuntarily, upon the court's determination that (1) the 
person is unable to manage the person's property and affairs 
effectively because the person is an incapacitated person, and 
(2) the person has property which will be dissipated unless 
proper management is provided, or that funds are needed for the 
support, care and welfare of the person or those entitled to be 
supported by the person and (3) a guardian or conservator is 
necessary to adequately protect the person's estate or financial 
affairs, or (c) involuntarily, upon the court's determination 
that an indigent incapacitated person is institutionalized and 
has a demonstrated need for guardianship or conservatorship 
services beyond financial services available through the 
institution as required by chapter 144A and sections 256B.35 and 
256B.36, or through the county human services agency, to the 
extent the agency provides these services.  The need for a 
guardian or conservator may not be based solely on the fact that 
the ward or conservatee is a recipient of medical assistance or 
is institutionalized.  "Incapacitated person" means, in the case 
of guardianship or conservatorship of the estate of an adult, 
any adult person who is impaired to the extent that the person 
lacks sufficient understanding or capacity to make or 
communicate responsible decisions concerning the person's estate 
or financial affairs, and who has demonstrated deficits in 
behavior which evidence an inability to manage the estate, or 
who is unable to manage the estate or financial affairs 
effectively by reason of detention by a foreign power or 
disappearance. 
    Sec. 3.  Minnesota Statutes 1992, 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 after review 
by a screening committee as provided in section 525.54, 
subdivision 1, if any, 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.  If the proposed ward or 
conservatee is indigent, the court may appoint a guardian or 
conservator under contract with the county, or a public or 
private agency under contract with the county, to provide these 
services. 
    Sec. 4.  Minnesota Statutes 1992, section 525.58, 
subdivision 4, is amended to read: 
    Subd. 4.  [ANNUAL REPORT OF THE GUARDIAN OF THE PERSON.] 
Except where expressly waived by the court, every guardian or 
conservator of the person shall annually file a report under 
oath with the court within 30 days of the anniversary date of 
the appointment of the guardian or conservator.  The report 
shall contain the guardian's or conservator's good faith 
evaluation of the following information for the preceding year:  
    (a) changes in the medical condition of the ward or 
conservatee; 
    (b) changes in the living conditions of the ward or 
conservatee; 
    (c) changes in the mental and emotional condition of the 
ward or conservatee; 
    (d) a listing of hospitalizations of the ward or 
conservatee; and 
    (e) if the ward or conservatee is institutionalized, an 
evaluation of the care and treatment received by the ward or 
conservatee, and if the ward or conservatee is indigent, a 
review of the continued need for guardian or conservator 
services beyond those provided by the institution or the county 
human services agency.  The court shall request the assistance 
of the county human services agency to assist in making this 
need determination.  If a continued need for guardian or 
conservator services exists, the county may contract for these 
services with other public or private agencies.  
    The court or its designee shall annually review the court 
file to insure that the report has been filed and that the 
report contains the information required by this subdivision.  
If a report has not been filed or if the report does not contain 
the information required by this subdivision, the court shall 
order the guardian or conservator to file an appropriate report. 
    Sec. 5.  Minnesota Statutes 1992, section 525.703, 
subdivision 2, is amended to read: 
    Subd. 2.  [LAWYER OR HEALTH PROFESSIONAL.] In proceedings 
under sections 525.54 to 525.702 a lawyer or health professional 
rendering necessary services with regard to the appointment of a 
guardian or conservator, the administration of the ward's or 
conservatee's estate or personal affairs or the restoration of 
that person's capacity, shall be entitled to reasonable 
compensation from the estate of the ward or conservatee or from 
the county having jurisdiction over the proceedings if the ward 
or conservatee is indigent.  When the court determines that 
other necessary services have been provided for the benefit of 
the ward or conservatee by a lawyer or health professional, the 
court may order reasonable fees to be paid from the estate of 
the ward or conservatee or from the county having jurisdiction 
over the proceedings if the ward or conservatee is 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 reasonable 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 
conservatee.  If these services are provided by a public or 
private agency, the county may contract on a fee for service 
basis with that agency.  
    Sec. 6.  Minnesota Statutes 1992, section 525.703, 
subdivision 3, is amended to read: 
    Subd. 3.  [GUARDIAN OR CONSERVATOR.] (a) When the court 
determines that a guardian or conservator of the person or the 
estate has rendered necessary services or has incurred necessary 
expenses for the benefit of the ward or conservatee, the court 
may order reimbursement or reasonable compensation to be paid 
from the estate of the ward or conservatee or from the county 
having jurisdiction over the guardianship or conservatorship if 
the ward or conservatee is indigent.  The court may not deny an 
award of fees solely because the ward or conservatee is a 
recipient of medical assistance.  In determining reasonable 
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 conservatee.  If these services are provided by a 
public or private agency, the county may contract on a fee for 
service basis with that agency.  
      (b) The court shall order reimbursement or reasonable 
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 
conservatorship services necessary to prevent abuse or neglect 
of a vulnerable adult, as defined in section 626.557.  In 
determining reasonable 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 conservatee.  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 a county employee serves as a guardian or 
conservator as part of employment duties, the court shall order 
reasonable 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 ward's or 
conservatee's estate for reasonable 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. 
    Presented to the governor May 7, 1993 
    Signed by the governor May 10, 1993, 3:00 p.m.