Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 281-S.F.No. 1151 
                  An act relating to probate; changing provisions on 
                  appointment of guardians and conservators; amending 
                  Minnesota Statutes 1996, section 525.591.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 525.591, is 
        amended to read: 
           525.591 [SPECIAL GUARDIAN OR CONSERVATOR.] 
           Subdivision 1.  [PETITION.] Any A person may file a 
        verified petition for a special guardian or conservator.  The 
        petition shall must contain: 
           (a) (1) all of the information required in section 525.542; 
           (b) (2) the reasons that the petitioner believes the 
        proposed ward or conservatee is in need of a special guardian or 
        conservator; and 
           (c) (3) the reasons why the regular procedure for obtaining 
        guardianship or conservatorship is not appropriate.  
           Subd. 2.  [SPECIAL GUARDIAN OR CONSERVATOR HEARING ON 
        APPLICATION; NOTICE.] Upon a clear showing of necessity, the 
        court with notice may appoint a special guardian or conservator 
        of the person or estate or both of any adult person designated 
        in section 525.54, whether a petition for general guardianship 
        or conservatorship has been filed or not.  Upon receipt of a 
        petition under this section, the court shall order a hearing to 
        be held no later than 14 days from the date of the order and no 
        sooner than 48 hours from the date of the order.  Personal 
        service notifying the proposed conservatee or ward of the 
        scheduled hearing must be made immediately after receipt of a 
        hearing date and at least 48 hours before the scheduled hearing 
        date.  Notice shall must be given in language which can be 
        easily understood at least 24 hours prior to the hearing, and 
        shall must contain the information required by section 525.55, 
        subdivision 2, regarding the purpose of the hearing and the 
        rights of the proposed ward or conservatee.  A copy of the 
        petition shall must be served with the notice.  
           Subd. 2a.  [EMERGENCY APPOINTMENT.] (a) The court may waive 
        the 24 hour notice requirement and hearing requirements in 
        subdivision 2 upon a showing that immediate and reasonably 
        foreseeable and irreparable harm to the person or the person's 
        estate will result from the 24 hour a 48-hour delay.  The court 
        must make findings of fact in its order that support such a 
        showing.  Only under those circumstances may the court appoint a 
        special guardian or conservator without notice.  Notice of the 
        court's order shall an appointment must be given to personally 
        served on the proposed ward or conservatee.  
           (b) An appointment without notice or hearing under 
        paragraph (a) expires seven days after the court's order unless 
        the petitioner has scheduled a hearing under subdivision 2, in 
        which case the special conservatorship or special guardianship 
        remains in effect until the hearing. 
           Subd. 2b.  [ADULTS; SHOWING REQUIRED.] Only upon a clear 
        showing of necessity may a court appoint any special guardian or 
        special conservator of an adult person, as designated in section 
        525.54, whether or not a petition for general guardianship or 
        conservatorship has been filed.  In its order, the court must 
        make specific findings of fact establishing the necessity of the 
        appointment of the special guardian or conservator.  
           Subd. 3.  [NO APPEAL.] There shall be no appeal from any 
        order appointing or refusing to appoint a special guardian or 
        conservator.  
           Subd. 4.  [LIMITED POWERS.] The court shall grant to a 
        special guardian or conservator only those powers necessary to 
        provide for the demonstrated needs of the ward or conservatee.  
        Subject to this limitation the court may grant any of as 
        provided for in the powers enumerated and specified in section 
        525.56.  
           Subd. 5.  [INVENTORY AND APPRAISAL.] Within 14 days after 
        appointment, a special guardian or conservator of the estate 
        shall file an inventory and appraisal of the personal property 
        according to the requirements of sections 525.561 and 525.562.  
        The court shall specify in its order the duration of the special 
        guardianship or conservatorship.  Except as otherwise provided 
        in this section, the appointment of a special guardian or 
        conservator may not exceed 30 days in duration.  A county that 
        is acting under section 626.557, subdivision 10, by petitioning 
        for appointment of a special guardian or conservator on behalf 
        of a vulnerable adult is not subject to this 30-day limit. 
           Subd. 6.  [DURATION LIMITS; EXCEPTIONS.] If a petition is 
        filed requesting appointment of a general guardian or 
        conservator for a person for whom a special guardian or 
        conservator has been appointed, but a final hearing on the 
        petition cannot be held after proper notice within 30 days of 
        the appointment of the special guardian or conservator because 
        the petition becomes contested, a hearing date is not available 
        within the time limit or other good cause exists, the 
        appointment of the special guardian or conservator may be 
        extended as provided in this subdivision.  The court, on its own 
        motion or upon request of the petitioner or the special guardian 
        or conservator, may extend the appointment to the date of the 
        hearing on the petition.  At that time, if the court finds that 
        grounds for appointment of the special guardian or conservator 
        still exist, the court may further extend the appointment to the 
        date of a final decision on the petition.  If a special guardian 
        or conservator is appointed for the sole purpose of representing 
        the ward or conservatee in litigation or any other legal 
        proceeding, other than the pending guardianship or 
        conservatorship proceedings, the court may specify that the 
        appointment will last until the litigation or proceeding is 
        finally concluded. 
           Subd. 7.  [FINAL ACCOUNTING.] At the expiration of the time 
        specified in the court's order, or upon the granting of letters 
        of general guardianship or conservatorship, The power of a 
        special guardian or conservator shall cease, ends and the 
        special guardian or conservator shall proceed forthwith to must 
        prepare a final accounting when one of the following events 
        first occurs: 
           (1) the time specified for the special guardianship or 
        conservatorship in the court order has expired; or 
           (2) a general guardian or conservator has been appointed 
        for the ward or conservatee. 
           When If a special guardian or conservator has been 
        appointed to protect the ward's or conservatee's interest in any 
        matter wherein the interest of the general guardian or 
        conservator appears to conflict with that of the ward or 
        conservatee, or to protect the ward's or conservatee's interest 
        upon suspension of an order of removal of a general guardian or 
        conservator by appeal, the power of the special guardian or 
        conservator shall not cease until terminated by the court. 
           Presented to the governor March 13, 1998 
           Signed by the governor March 16, 1998, 9:56 a.m.